A Florida medical power of attorney allows individuals to appoint a health care surrogate who will represent them in making medical decisions. If the principal is incapacitated, the power of attorney comes into effect and becomes ineffective if they regain capacity. Backup surrogates can be added to the form to act on the principal’s behalf if the appointed one is unavailable. While active, the surrogate is legally required to follow the principal’s instructions in regard to the application of medical treatments and procedures.

Agent’s Duties – § 765.205

Laws – Chapter 765, Part II (Health Care Surrogate)

Signing Requirements (§ 765.202(1)) – Two (2) Witnesses

Statutory Form – § 765.203, § 765.2038

State Definition

Statute – § 765.101(21)

“Surrogate” means any competent adult expressly designated by a principal to make health care decisions and to receive health information.