Health Care Surrogate Designation in Florida
A health care surrogate designation lets you name someone you trust, in advance, to make medical decisions on your behalf if you’re ever unable to communicate or decide for yourself. It ensures your wishes are respected and someone you trust has real legal authority during a medical emergency, not just a hopeful assumption from family. Our attorney drafts health care surrogate designations for Doral and greater Miami-area families, built to meet the requirements of Florida Statutes Chapter 765.
Free consultation • Licensed by The Florida Bar • No obligation
- Names someone to make medical decisions on your behalf
- Activates when a physician determines you can't decide for yourself
- Reduces confusion and conflict among family members
- Drafted to meet Florida's Chapter 765 requirements
Trust & Recognition
Recognized by the organizations that set the standard for estate planning excellence.
Licensed by The Florida Bar
WealthCounsel Attorney Member
Member of the American Bar Assoc.
Best of Florida 2025 Regional Winner
Top Estate Planning Attorney — BusinessRate
What Happens If You Don't Have One
Without a valid health care surrogate designation, doctors and hospitals may have to follow default statutory guidelines instead of your actual wishes, and in some cases, your family may need court involvement just to get someone legal authority to decide for you. That takes time your family may not have during a medical emergency, and it can create real conflict between loved ones who disagree about what you'd want.
Health Care Surrogate vs. Living Will vs. Power of Attorney
These three documents get confused constantly, and each one does something different.
Health care surrogate designation
Names a person to make medical decisions for you, broadly, once a physician determines you can’t decide for yourself.
RECOMMENDED
Living will
States your own wishes about end-of-life treatment, in writing. It doesn’t name a decision-maker, it documents your preferences directly.
Durable power of attorney
Covers financial and legal matters, not medical decisions, unless specific health care authority is added, which isn’t the same as a formal surrogate designation under Florida law.
Most complete estate plans include all three, coordinated together, not one instead of the others.
What Your Health Care Surrogate Can Do
Depending on how the document is drafted, your surrogate may be authorized to:
- Consent to or refuse medical treatment on your behalf
- Access your medical records and protected health information
- Make decisions about surgeries, medications, and long-term care
- Communicate directly with your doctors and hospital staff
You decide how broad or limited that authority is. It’s tailored to your comfort level, not a one-size-fits-all form.
How to Execute a Valid Health Care Surrogate Designation in Florida
To be valid under Florida Statutes Chapter 765, your designation must be:
01
Signed by you, as principal, while you’re a competent adult
02
Signed in front of two witnesses
03
At least one witness who isn’t your spouse or blood relative
04
Someone other than your named surrogate, since your surrogate can’t also serve as a witness
Unlike some other documents, it stays in effect until you revoke it, and it only becomes active once your attending physician determines you lack the capacity to decide for yourself.
Choosing the Right Surrogate
Under Florida law, any competent adult 18 or older can serve as your health care surrogate. Before you decide, think through a few things:
- Do you trust this person to follow your actual wishes, not just their own judgment?
- Can they act calmly and communicate clearly with doctors during a stressful moment?
- Do you want a backup surrogate named, in case your first choice is unavailable?
- Have you actually talked with them about what you'd want, not just handed them the title?
Health Care Surrogate Services in Doral & South Florida
We help clients throughout Florida with:
- Drafting health care surrogate designations that comply with Florida law
- Coordinating your designation with your living will and power of attorney
- Reviewing and updating an existing designation as circumstances change
- Making sure execution and witnessing requirements are handled correctly
Why Doral and Miami Families Choose Cardoso Estate Planning Firm
We explain your options in plain language, not legal jargon, so you understand exactly what authority you’re granting and to whom. We work with clients in both English and Spanish, and every designation we draft is coordinated with the rest of your estate plan, not handled as a standalone form.
Frequently Asked Questions
When does a health care surrogate designation take effect?
It becomes active once your attending physician determines, and documents in your medical record, that you’re unable to make your own health care decisions.
Is a health care surrogate designation the same as a living will?
No. A living will states your own end-of-life treatment preferences. A health care surrogate designation names a person to make broader medical decisions on your behalf.
Can my power of attorney make medical decisions for me instead?
Not automatically. A durable power of attorney generally covers financial and legal matters. Health care decisions require a formal designation under Florida Statutes Chapter 765.
Who can serve as my health care surrogate in Florida?
Any competent adult who’s 18 or older. It’s usually a spouse, adult child, or someone else you trust to follow your actual wishes.
Do I need witnesses to sign my designation?
Yes. Florida requires two witnesses, and at least one can’t be your spouse or blood relative. Your named surrogate also can’t serve as a witness.
Can I revoke my health care surrogate designation later?
Yes. It stays in effect until you revoke it, and you can do so at any time while you’re competent.
Does Cardoso Estate Planning Firm draft health care surrogate designations for clients in Doral and Miami?
Yes. Attorney Danielys Cardoso drafts and coordinates health care surrogate designations for clients across Doral and the greater Miami area, in English or Spanish, as part of a complete estate plan.
Ready to Put a Health Care Surrogate Designation in Place?
Our attorney works directly with Doral and South Florida clients to build a designation that’s drafted correctly and fits your broader estate plan.
