Florida Statute 765.205
“Responsibility of the surrogate”
What it means
The surrogate acts in accordance with the principal's instructions, unless the principal expressly limited the surrogate's authority. The surrogate has authority to act for the principal and to make all health care decisions during the principal's incapacity. The surrogate must consult expeditiously with appropriate health care providers to give informed consent, and may make only decisions the surrogate believes the principal would have made under the circumstances. Only if there is no indication of what the principal would have chosen may the surrogate consider the patient's best interest in deciding that treatment is withheld or withdrawn.
The surrogate gives written consent on an appropriate form whenever consent is required, including a physician's order not to resuscitate, and is provided access to the principal's appropriate health information. The surrogate may apply for public benefits such as Medicare and Medicaid and has access to income, asset, banking, and financial records to the extent required to apply. A provider or facility may not make the application a condition of continued care if the principal, if capable, would have refused to apply.
The surrogate may authorize release of health information to ensure continuity of care and may authorize admission, discharge, or transfer to or from a health care facility or a facility or program licensed under chapter 400 or 429. If a court later appoints a guardian, the surrogate continues to make health care decisions unless the court modifies or revokes the surrogate's authority under s. 744.3115.
- The surrogate may make all health care decisions during the principal's incapacity, unless the principal expressly limited that authority (§ 765.205(1)(a)).
- Decisions must be those the surrogate believes the principal would have made; best interest may be considered only if there is no indication of the principal's choice (§ 765.205(1)(b)).
- The surrogate gives written consent whenever consent is required, including a physician's order not to resuscitate (§ 765.205(1)(c)).
- The surrogate may apply for Medicare and Medicaid and access financial records needed to apply; a provider may not condition continued care on the application if the principal would have refused (§ 765.205(1)(e)).
- The surrogate may authorize release of health information and admission, discharge, or transfer to or from a facility (§ 765.205(2)).
- A later court-appointed guardian does not end the surrogate's role unless the court modifies or revokes it under s. 744.3115 (§ 765.205(3)).
Text of the statute (2026)
(1) The surrogate, in accordance with the principal’s instructions, unless such authority has been expressly limited by the principal, shall: (a) Have authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity. (b) Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which he or she believes the principal would have made under the circumstances if the principal were capable of making such decisions. If there is no indication of what the principal would have chosen, the surrogate may consider the patient’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.
(c) Provide written consent using an appropriate form whenever consent is required, including a physician’s order not to resuscitate. (d) Be provided access to the appropriate health information of the principal. (e) Apply for public benefits, such as Medicare and Medicaid, for the principal and have access to information regarding the principal’s income and assets and banking and financial records to the extent required to make application. A health care provider or facility may not, however, make such application a condition of continued care if the principal, if capable, would have refused to apply.
(2) The surrogate may authorize the release of health information to appropriate persons to ensure the continuity of the principal’s health care and may authorize the admission, discharge, or transfer of the principal to or from a health care facility or other facility or program licensed under chapter 400 or chapter 429.
(3) If, after the appointment of a surrogate, a court appoints a guardian, the surrogate shall continue to make health care decisions for the principal, unless the court has modified or revoked the authority of the surrogate pursuant to s. 744.3115. The surrogate may be directed by the court to report the principal’s health care status to the guardian.
Excerpts are the subsections the summary relies on. Read the full official text of § 765.205.
History. s. 3, ch. 92-199; s. 9, ch. 94-183; s. 50, ch. 96-169; s. 23, ch. 99-331; s. 11, ch. 2000-295; s. 6, ch. 2001-250; s. 135, ch. 2001-277; s. 106, ch. 2006-197; s. 13, ch. 2015-153.
How it applies
This section defines what a surrogate may do once the principal lacks capacity. The authority runs only as far as the designation allows, so a designation's express limits are read together with subsection (1).
Subsection (1)(e) gives access to financial records only to the extent required to apply for public benefits. Under subsection (3), a guardianship does not by itself replace a surrogate who is acting; the court must modify or revoke the surrogate's authority, and it may direct the surrogate to report the principal's health care status to the guardian.
Where this shows up
Pages on this site where § 765.205 does real work:
Questions people ask
Sources
- Florida Statutes (2026), s. 765.205, Florida Senate (Supports subsections (1) to (3): surrogate authority, decision standard, consents, benefits applications, and effect of a later guardianship.)
- Online Sunshine, Florida Statutes (2026), s. 765.205 (Text, catchline, and History line checked against this page on 2026-10-17: Have authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity.)
- Florida Statutes (2026), s. 744.3115, Florida Senate (Subsection (3) refers to modification or revocation of the surrogate's authority under s. 744.3115.)
Last checked: October 17, 2026
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