Health care directive in Florida: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Florida.

Checked against official sources: October 31, 2026.

Short answer

Designation of Health Care Surrogate

Official form
Designation of Health Care Surrogate
How to sign
Signed in front of two witnesses (no notary)
Who decides without a directive
Yes

The document and its form

Document
Designation of Health Care Surrogate
Official form
Designation of Health Care Surrogate (suggested form, Fla. Stat. 765.203)Published by Florida Agency for Health Care Administration (FloridaHealthFinder)Version: Revised 10/2021

You do not have to use it.

Living will

Living Will

The living will is a separate document.

A living will tells doctors whether you want life-prolonging procedures if you have a terminal condition, an end-stage condition or are in a persistent vegetative state. Sign it in front of two witnesses; at least one must be neither your spouse nor a blood relative. If you cannot sign, one witness signs your name in your presence and at your direction. Tell your doctor you have one.

Living will

Law: Fla. Stat. §§ 765.202, 765.203; Fla. Stat. §§ 765.302, 765.303

Signing rules

How to sign

Sign the designation in front of two adult witnesses, who also sign. A notary is not required. Give your surrogate an exact copy.

Who signs

Signed by you. If you cannot sign, you can direct another person to sign your name in the witnesses' presence.

Notary
Not required
Witnesses
2
Who cannot witness

Two adult witnesses must sign. The person you name as surrogate cannot be a witness. At least one witness must be neither your spouse nor a blood relative.

Law: Fla. Stat. § 765.202(1)-(2)

Who can be your agent and what the agent can do

Who cannot be your agent

Any competent adult can be your surrogate. You can name an alternate surrogate, and a separate surrogate for mental health treatment decisions.

Law: Fla. Stat. 765.101; 765.202(3), (5)

When the agent starts

The surrogate's authority starts when your primary or attending physician finds that you lack capacity (a second physician must agree if the first has doubts) and stops when you regain capacity. You can instead choose to let the surrogate act or receive your health information right away.

Law: Fla. Stat. 765.202(6), 765.204

Decisions an agent cannot make

Unless you expressly give this power in writing, or a court approves it, a surrogate or proxy cannot consent to abortion, sterilization, electroshock therapy, psychosurgery, experimental treatment not approved by a review board, or voluntary admission to a mental health facility, and cannot withhold or withdraw life-prolonging procedures from a pregnant patient before viability.

Law: Fla. Stat. 765.113

Revoking and conflicting documents

Revoking your agent

You can change or revoke a designation at any time while you have capacity: by a signed, dated writing; by destroying it yourself or having someone destroy it in your presence at your direction; by saying so out loud; or by signing a new, materially different directive.

Revoking your instructions

A living will and other advance directives are changed or revoked the same ways.

Telling others

The change or revocation takes effect when it is communicated to your surrogate, health care provider or facility. No one is liable for failing to follow a revocation they did not actually know about.

Divorce ends a spouse's authority
Yes · Divorce rules in Florida (Divorce Law Map)
Conflicting documents

If a health care surrogate designation and a power of attorney conflict, the surrogate designation controls unless the power of attorney was signed later and expressly says otherwise.

Law: Fla. Stat. 709.2109(3)(b)

Law: Fla. Stat. § 765.104

If you have no directive

Who decides without a directive

If you have no directive or your surrogate is not available, a 'proxy' makes health care decisions in this order of priority. A proxy's decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence of what you would have chosen or of your best interest.

  1. Court-appointed guardian (or guardian advocate) authorized to consent to medical treatment
  2. Spouse
  3. Adult child (a majority of available adult children if more than one)
  4. Parent
  5. Adult sibling (a majority of available siblings if more than one)
  6. Adult relative who has shown special care and concern and kept regular contact
  7. Close friend
  8. Licensed clinical social worker, or graduate of a court-approved guardianship program, chosen by the provider's bioethics committee

Law: Fla. Stat. § 765.401

Other states, registry and medical orders

Signed in another state

An advance directive signed in another state under that state's law or Florida law is valid in Florida.

Law: Fla. Stat. 765.112

POLST (medical orders)

Do Not Resuscitate Order (DNRO), DH Form 1896 (revised 02/2024), printed on yellow paper; signed by your physician or physician assistant and by you or your surrogate, proxy, guardian or agent with health care authority

Official page

Mental health directive

You can name a separate surrogate to consent to mental health treatment if a court finds you incompetent to consent and appoints a guardian advocate. If you do not, your health care surrogate is presumed to be your choice for mental health decisions.

Law: Fla. Stat. 765.202(5)

Law: Fla. Stat. § 401.45(3); Fla. Admin. Code R. 64J-2.018

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Florida

Report abuse or exploitation

Florida Abuse Hotline (Department of Children and Families, Adult Protective Services) · 1-800-962-2873

Questions about powers of attorney in Florida

How do I sign a health care directive in Florida?

Sign the designation in front of two adult witnesses, who also sign. A notary is not required. Give your surrogate an exact copy.

Who decides my health care if I have no directive in Florida?

If you have no directive or your surrogate is not available, a 'proxy' makes health care decisions in this order of priority. A proxy's decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence of what you would have chosen or of your best interest.

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