Florida Statute 765.202
“Designation of a health care surrogate”
What it means
A written document designating a surrogate to make health care decisions for a principal, to receive health information on the principal's behalf, or both, must be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign may, in the presence of the witnesses, direct another person to sign the principal's name. An exact copy of the instrument must be given to the surrogate.
The person designated as surrogate may not act as a witness. At least one witness must be neither the principal's spouse nor a blood relative.
The document may name an alternate surrogate if the designation is explicit. The alternate may serve if the original surrogate is not willing, able, or reasonably available. Not naming an alternate does not invalidate the designation. If neither is available, the health care facility may seek a proxy under part IV.
The principal may stipulate that the surrogate's authority is exercisable immediately, without the incapacity determination provided in s. 765.204. Unless the document states a time of termination, it remains in effect until the principal revokes it. A designation executed under this section creates a rebuttable presumption of clear and convincing evidence of the principal's designation.
- The principal signs before two subscribing adult witnesses; a principal unable to sign may direct another person to sign the principal's name in the witnesses' presence (§ 765.202(1)).
- The designated surrogate may not be a witness, and at least one witness must be neither the principal's spouse nor a blood relative (§ 765.202(2)).
- An alternate surrogate may be named if the designation is explicit; failing to name one does not invalidate the designation (§ 765.202(3)).
- The principal may stipulate that authority is exercisable immediately, without an incapacity determination under s. 765.204 (§ 765.202(6)).
- Unless the document states a time of termination, the designation remains in effect until revoked by the principal (§ 765.202(7)).
- A designation executed under the section creates a rebuttable presumption of clear and convincing evidence of the principal's designation (§ 765.202(8)).
Text of the statute (2026)
(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.
(2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative.
(3) A document designating a health care surrogate may also designate an alternate surrogate provided the designation is explicit. The alternate surrogate may assume his or her duties as surrogate for the principal if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate an alternate surrogate shall not invalidate the designation of a surrogate.
(6) A principal may stipulate in the document that the authority of the surrogate to receive health information or make health care decisions, or both, is exercisable immediately without the necessity for a determination of incapacity as provided in s. 765.204.
(7) Unless the document states a time of termination, the designation shall remain in effect until revoked by the principal. (8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.
Excerpts are the subsections the summary relies on. Read the full official text of § 765.202.
History. s. 3, ch. 92-199; s. 8, ch. 94-183; s. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153.
How it applies
Subsections (1) and (2) set the execution requirements: two adult witnesses, a surrogate who is not a witness, and at least one witness who is neither spouse nor blood relative. A copy of the instrument goes to the surrogate under subsection (1).
Unless the document provides for immediate authority under subsection (6), the surrogate acts after an incapacity determination under s. 765.204. The section covers health care decisions and health information. If no surrogate or alternate is available, subsection (4) allows the facility to seek a proxy under part IV.
Where this shows up
Pages on this site where § 765.202 does real work:
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Florida snowbird estate planning: domicile, homestead, other-state taxes and ancillary probate
- Health care surrogate and living will in Florida: signing rules, powers, limits and who decides without one
- Free Florida Designation of Health Care Surrogate Form
- Healthcare Surrogate + Living Will
- Casey Kasem
- Rebecca Fierle
Questions people ask
Sources
- Florida Statutes (2026), s. 765.202, Florida Senate (Supports subsections (1) to (8): execution, witnesses, alternate surrogate, immediate authority, duration, and presumption.)
- Online Sunshine, Florida Statutes (2026), s. 765.202 (Text, catchline, and History line checked against this page on 2026-10-17: A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses.)
- Florida Statutes (2026), s. 765.204, Florida Senate (Subsection (6) refers to the incapacity determination provided in s. 765.204.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.