By Season A. Chisholm · Attorney & Founder, Spanski Law, PLLC
Published August 20, 2026 · Reviewed September 2026
Families often use the terms power of attorney, health care surrogate, and living will as if they mean the same thing. In Florida, they are separate documents with different jobs, different signing rules, and different moments when they take effect. Having one does not replace the others.
The documents side by side
- Durable power of attorney: names an agent for financial and legal matters, such as banking, bills, real estate, and taxes. It takes effect when signed and ends at death.
- Health care surrogate designation: names the person who makes medical decisions for you. The surrogate acts when you cannot make decisions yourself, or right away if the document says so.
- Living will: states your own wishes about life-prolonging treatment if you have a terminal condition or an end-stage condition, or are in a persistent vegetative state.
- HIPAA authorization: allows the people you name to receive your medical information.
What a durable power of attorney covers
A durable power of attorney lets your agent handle money and property: paying bills, managing accounts, dealing with insurance and taxes, and selling or refinancing real estate if the document allows it. Durable means the document keeps working if you become incapacitated, which is when it is needed most.
Florida requires the document to be signed in front of two witnesses and a notary. Certain significant powers, such as making gifts, creating or changing a trust, and changing beneficiary designations, are valid only if you initial or sign next to each one. A Florida power of attorney signed on or after October 1, 2011 takes effect immediately. It cannot be written to begin only upon incapacity, except in limited military situations.
What a health care surrogate designation covers
A health care surrogate makes medical decisions when you cannot, such as agreeing to or refusing treatment, choosing doctors and facilities, and reviewing medical records. You can name an alternate in case your first choice is unavailable. Since 2015, Florida has allowed the designation to take effect right away, so your surrogate can help with doctors and records while you are still making your own decisions.
The designation must be signed in front of two adult witnesses. At least one witness cannot be your spouse or a blood relative, and the person you name cannot serve as a witness.
Where a living will fits
A living will does not name a person. It is your own instruction about whether you want life-prolonging procedures in specific end-of-life situations, and your surrogate and doctors use it to carry out your wishes. A living will is different from a do-not-resuscitate order, which is a separate form signed by a physician.
Why one document does not replace another
- Your financial agent cannot make medical decisions unless you also name that person as your health care surrogate.
- Your health care surrogate cannot pay your bills or manage your accounts.
- A living will does not name anyone to act for you.
- None of these documents works after death. At that point, your will or trust, and your personal representative or trustee, take over.
What happens without them
If you become unable to manage your affairs and have no durable power of attorney, your family may need to ask a court to appoint a guardian, a public process with ongoing court supervision. For medical decisions, Florida law allows certain relatives to serve as a health care proxy in a set order when there is no surrogate. That can lead to disagreement when family members see things differently.
Choosing the people you name
The same person does not need to serve in every role. Many people choose the family member who is most comfortable with finances as agent, and the one who lives closest, or who knows their values well, as health care surrogate. Whoever you choose, talk with them about your wishes and tell them where the documents are kept.
Attorney Season A. Chisholm prepares these documents together so they work as a set, and they are usually signed in a single meeting with the required witnesses and a notary. The first step is a complimentary 15-minute call or in-person consultation.
Common questions
Is a health care surrogate the same as a health care power of attorney?
Florida's term is health care surrogate designation. Documents called a medical or health care power of attorney in other states serve a similar purpose, and Florida generally honors advance directives that were valid where they were signed, but many new residents sign Florida versions so doctors and hospitals recognize them easily.
Can the same person be my agent and my health care surrogate?
Yes. Many people name the same trusted person for both roles, with an alternate for each. Others divide the roles based on each person's strengths and location.
Do I need a lawyer to sign these documents in Florida?
Florida does not require a lawyer, but the signing rules are strict, and the separately initialed powers in a power of attorney are often missed on printed forms. Those mistakes usually appear only when a bank or hospital refuses the document.
Learn more
General information for Florida families, not legal advice, and not a substitute for a conversation about your own circumstances.
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