Chapter 765 — Advance Directives & Anatomical Gifts

Florida Statute 765.202

“Designation of a health care surrogate”

What it means

To name the person who will make your medical decisions, Florida requires one specific document: a written designation signed by you (the principal) in the presence of two subscribing adult witnesses. A principal unable to sign may direct another person to sign for them. Two people are limited at the signing table: the named surrogate cannot act as a witness, and at least one witness must be neither the principal's spouse nor a blood relative.

The designation can name an alternate surrogate, may address mental health decisions, and may state that the surrogate's authority is exercisable immediately — no incapacity determination required. Unless it sets its own end date, it remains in effect until revoked.

— What it says

Signed by the principal before two subscribing adult witnesses; another person may sign at the principal's direction if the principal cannot.
The designated surrogate cannot be a witness, and at least one witness must be neither the principal's spouse nor a blood relative.
An alternate surrogate may be named to serve if the first is not willing, able, or reasonably available — omitting one doesn't void the designation.
The document may make the surrogate's authority exercisable immediately, without a determination of incapacity.
Unless it states a termination time, the designation remains in effect until revoked by the principal.
A written designation establishes a rebuttable presumption of clear and convincing evidence of the principal's choice.

— In a real probate

How it plays out

This is one of the two documents in every planning package our office prepares, and the witness rules are where homemade versions fail. The classic defect: the named surrogate signs as a witness, or the two witnesses are the spouse and a child — leaving no witness who is neither spouse nor blood relative. Hospitals read these documents literally at the worst possible moment. The immediate-authority option is the other conversation we have: it lets a trusted surrogate act without waiting for a formal incapacity determination, which families managing care from a distance tend to want.

Where this shows up

Pages on this site where § 765.202 does real work:

Related sections

§ 765.205Responsibility of the surrogate § 765.302Procedure for making a living will; notice to physician § 765.401The proxy § 744.3045Preneed guardian § 709.2201Authority of agent

Questions people ask

Does a Florida health care surrogate designation need to be notarized?

No. Florida Statute 765.202 requires the principal's signature before two adult subscribing witnesses. At least one witness must be neither the principal's spouse nor a blood relative, and the named surrogate cannot witness. No notary is involved.

When does a health care surrogate's authority begin in Florida?

By default, when the principal is determined incapacitated. Under Florida Statute 765.202, the document may instead state that the surrogate's authority is exercisable immediately, without any incapacity determination. Unless the document sets an end date, the designation stays in effect until revoked.

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 765.202