Florida Health Care Surrogate & Living Will
A designation of health care surrogate names who makes medical decisions for you if you can't. A living will states your wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition or are in a persistent vegetative state. Both are governed by Florida's Chapter 765 and signed before two adult witnesses, at least one of whom is not your spouse or blood relative.
Designation of health care surrogate
Your health care surrogate talks with your doctors, reviews your records and makes treatment decisions when you can't. You can also name an alternate surrogate who serves if your first choice isn't willing, able or reasonably available (Fla. Stat. § 765.202). The person you name as surrogate can't serve as a witness.
Living will
A living will tells your doctors and family whether you want life-prolonging procedures withheld or withdrawn if you have a terminal condition, an end-stage condition or are in a persistent vegetative state (§ 765.302). Putting your wishes in writing spares your family from guessing during an already painful time.
HIPAA release
A HIPAA authorization lets the people you name receive your medical information. It's useful for family members who aren't your surrogate but need to stay informed.
Health care decisions for children
Parents can also designate a health care surrogate for a minor child (§ 765.2035). See naming guardians for minor children.
Health care directive questions
Is my out-of-state health care directive valid in Florida?
Florida generally honors an advance directive that was valid in the state where it was signed. We still recommend Florida documents, which local hospitals and doctors recognize readily.
Who should have copies?
Give copies to your surrogate, your alternate and your doctors. Keep the original where your family can find it.
Does my surrogate have authority while I can still decide?
Florida allows a designation to take effect immediately if you choose. Your own decisions still control whenever you are able to make them.