Health Care Surrogate in Florida
A health care surrogate (§765.202) is designated to make medical decisions when the principal is incapacitated. Authority begins upon physician determination of incapacity. Decisions must align with the principal's known wishes or best interest.
Surrogate Authority
- Consent to or refuse medical treatment
- Select and discharge health care providers
- Access medical records
- Authorize procedures and surgeries
- Make end-of-life decisions (if authorized)
- Cannot override principal's expressed wishes
Who Can Serve
- Any competent adult
- Not the principal's health care provider (unless related)
- Designate alternate surrogate recommended
- Court-appointed guardian takes priority
Default Priority (No Designation)
Guardian → spouse → adult child (majority) → parent → adult sibling → adult relative → close friend.
Related Terms
- Estate Planning — Surrogate designation
- Equity — Patient rights
- Contract — Surrogate authority
Barnes Walker Estate Planning
Barnes Walker's attorneys prepare health care surrogate designations as part of Florida estate plans. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 765
Governs advance directives in Florida, including living wills, health care surrogate designations, and do-not-resuscitate orders.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC