The Short Answer
A health care surrogate is the document that names a person to make your medical decisions if you cannot make them yourself. That person can talk to your doctors, see your records, and consent to or refuse treatment for you. If you have been searching for a medical power of attorney or healthcare power of attorney in Florida, this is the document, Florida simply calls it the health care surrogate. It is the most important piece of your advance directives, and it pairs with a living will.
It’s the Same as a "Medical Power of Attorney"
This trips up a lot of people. In many states the document that names a medical decision-maker is called a "medical power of attorney" or "healthcare power of attorney." Florida calls the same thing a designation of health care surrogate. Different name, identical job. So whether you call it a medical POA, a healthcare power of attorney, or a health care proxy, in Florida you are looking for the health care surrogate, and we prepare it.
Surrogate vs. Living Will: You Want Both
A surrogate is a person; a living will is a statement of wishes. The surrogate can respond to any medical situation across the full range of care; the living will speaks only to end-of-life choices about life-prolonging treatment. Your living will records your wishes, and your surrogate is the real person who carries them out and handles everything else that comes up. Together they cover the whole picture.
When the Surrogate Steps In
Usually when your physician determines you cannot make your own health care decisions. You can also let your surrogate access your records and act right away, while you still have capacity, which many people choose for convenience. You stay in charge as long as you are able; the surrogate takes over only when you cannot, and only while that lasts.
Choose your medical decision-maker, before a default list does.
Book a free 30-minute consult. We will prepare your health care surrogate and full directive set, signed correctly, for a flat $350.
Book your free consultWithout One, the Law Picks for You
If you never name a surrogate, Florida falls back on a default order of decision-makers (a spouse, then an adult child, then a parent, and so on). That may not be who you would have chosen, and it can split a family that disagrees. In the hardest cases, relatives end up in a court guardianship just to get authority. Naming your own surrogate, with an alternate, keeps the decision yours and your family out of court. Pair it with a durable power of attorney for your finances and the incapacity plan is complete.
Frequently Asked Questions
What Is a Health Care Surrogate in Florida?
A health care surrogate is the document by which you name a person to make your medical decisions if you ever cannot make them yourself. That person, your surrogate, can talk to your doctors, see your records, and consent to or refuse treatment on your behalf. It is one of Florida’s core advance directives, and it is the single most important document for making sure someone you trust, not a default list or a court, is in charge of your care if you are incapacitated.
Is a Health Care Surrogate the Same as a Medical Power of Attorney?
Yes, in effect. Many people search for a "medical power of attorney," "healthcare power of attorney," or "health care proxy," but Florida’s document for naming a medical decision-maker is the designation of health care surrogate. It does exactly what a medical power of attorney does in other states. So if you are looking to set up a medical power of attorney in Florida, the health care surrogate is the document you want, just a different name for the same thing.
How Is It Different From a Living Will?
A health care surrogate names a person; a living will states your wishes. The surrogate can respond to any medical situation where you cannot decide, across the full range of care, while a living will speaks only to end-of-life choices about life-prolonging treatment. The two work together: your living will tells everyone your end-of-life wishes, and your surrogate is the real person who carries out your wishes and handles everything else. Most people should have both.
When Does the Surrogate Take Over?
Generally when your attending physician determines you are unable to make your own health care decisions. You can also choose to let your surrogate access your records and act right away, even while you still have capacity, which many people do for convenience. You stay in charge for as long as you are able; the surrogate steps in only when you cannot, and only for as long as that lasts.
Who Should I Name as My Surrogate?
Someone you trust to follow your wishes and stay calm under pressure, often a spouse, an adult child, or a close friend, and you should name an alternate in case your first choice is unavailable. It does not have to be a family member, and the best choice is the person who will actually advocate for what you want, not necessarily the eldest child or the nearest relative. We help you think it through.
What Happens Without a Health Care Surrogate?
Florida law provides a default order of people who can make decisions for you (a "proxy"), starting with a spouse, then an adult child, then a parent, and so on. That may not be who you would have chosen, and it can cause conflict among family members who disagree. In harder cases, the family ends up in a court guardianship just to get authority. Naming your own surrogate puts the decision where you want it and keeps everyone out of court.
How Much Does a Florida Health Care Surrogate Cost?
We prepare it as part of a complete advance-directive set, the health care surrogate, living will, and HIPAA authorization, for a flat $350 per person, and it is included in our will-based and trust-based plans at no extra charge. It must be signed with the right witnesses to be valid, which we handle. The free 30-minute consult is where we make sure it names the right people and says what you want.
Common Situations
The "I need a medical power of attorney." A client asks for a medical power of attorney and is surprised that Florida calls it a health care surrogate. It is the same document; we prepare it along with a living will so both her decision-maker and her wishes are covered.
The default that backfired. A man with no surrogate becomes incapacitated, and his estranged spouse is first in line under the default list, over the sibling who actually cared for him. A named surrogate would have put the right person in charge.
The smooth transition. A daughter is named as her father’s surrogate with immediate access. When he is hospitalized, she steps in at once, talks to the doctors, and makes decisions, no delay, no court.
Sources of Law
- Fla. Stat. §765.202 (designation of health care surrogate), §765.204 (capacity and when the surrogate acts), §765.401 (default proxy when no surrogate); ch. 765 generally. flsenate.gov (retrieved 2026-06-08)
- HIPAA authorization (records access): 45 C.F.R. §164.508.
Updated on June 8, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Your directives should reflect your specific wishes. Do not send confidential information until we have agreed to represent you.