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Chapter 765 — Advance Directives & Anatomical Gifts

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.

— What it says
  • 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)

§ 765.202(1)
(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.
§ 765.202(2)
(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.
§ 765.202(3)
(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.
§ 765.202(6)
(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.
§ 765.202(7)-(8)
(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.

— In a Florida probate

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.

Questions people ask

Does a Florida health care surrogate designation need to be notarized?
Section 765.202(1) requires the principal's signature in the presence of two subscribing adult witnesses. The section does not mention a notary. The named surrogate may not witness, and at least one witness must be neither the principal's spouse nor a blood relative (§ 765.202(2)).
When does a health care surrogate's authority begin in Florida?
Under § 765.202(6), the principal may stipulate that the surrogate's authority is exercisable immediately, without the incapacity determination provided in s. 765.204. Without that stipulation, the incapacity process in s. 765.204 applies. The designation remains in effect until revoked unless it states a termination time (§ 765.202(7)).

Sources

Last checked: October 17, 2026

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

Published by the Probate.Help editorial team.How these pages are written and checked.

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