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Health Care Power of Attorney Requirements in Florida

In Florida, a designation of health care surrogate must be signed in front of two adult witnesses; the surrogate cannot witness, and at least one witness cannot be your spouse or a blood relative.

Last checked . General information, not legal advice.

Florida at a glance

Document name
Designation of health care surrogate
Witnesses
2 witnesses
Witnesses must be adults.
Notary required
No
The statute requires two witnesses and does not list notarization.
Who cannot witness
Surrogate
At least one witness cannot be your spouse or a blood relative.

Sources

Last checked

The rules in Florida

What is a health care power of attorney called in Florida?

Document name in Florida: Designation of health care surrogate.

How many witnesses does a health care power of attorney need in Florida?

Witnesses in Florida: 2 witnesses. Witnesses must be adults.

Does a health care power of attorney have to be notarized in Florida?

No. Notary required in Florida: no. The statute requires two witnesses and does not list notarization.

Who cannot witness a health care power of attorney in Florida?

Who cannot witness in Florida: Surrogate. At least one witness cannot be your spouse or a blood relative.

Where do the Florida health care power of attorney requirements come from?

The rules above come from Fla. Stat. 765.202. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.