“Who will speak for me if I can’t speak for myself?” That single worry sits behind every advance directive conversation we have in Boca Raton. Florida gives you clear tools to answer it, and here is how they work.
What is a health care surrogate in Florida?
Florida’s term for a health care proxy is the designation of health care surrogate, authorized under Chapter 765. In it, you name a trusted person to make medical decisions for you if you become unable to make them yourself. Without one, your Boca Raton doctors must turn to a statutory list of decision-makers, which may not match who you would have chosen.
How is that different from a living will?
They work as a pair. A living will is your written statement of wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. The health care surrogate is the person who carries out and applies those wishes to real situations. The surrogate names who decides; the living will guides how they decide.
Can my surrogate act before I’m fully incapacitated?
Florida lets you decide. You can designate a surrogate who may act immediately, even while you still have capacity, or one who acts only after a physician determines you cannot make your own decisions. Many Boca Raton patients choose immediate authority so a spouse or child can coordinate care and access medical records without delay during a crisis.
What are the signing requirements?
A Florida health care surrogate designation must be signed by you in the presence of two adult witnesses, and the person you name as surrogate cannot serve as one of those witnesses. Getting this right matters, because a Boca Raton hospital that doubts the document’s validity may hesitate to honor it.
Do I still need a HIPAA release?
It is wise. While a properly drafted surrogate designation gives your decision-maker access to health information, a clear HIPAA authorization removes any doubt and lets the people you trust speak with Palm Beach County providers, follow up on results, and stay informed.
What about a DNR or end-of-life orders?
A living will and a Do Not Resuscitate Order are not the same thing. A Florida DNR is a specific medical order, completed with a physician on the state-required form, that directs emergency responders. Your advance directives express your broader wishes; a DNR is a separate, clinical instruction. A Boca Raton attorney and your physician can help you coordinate both.
Where should I keep these documents?
Advance directives only help if they can be found. Keep copies with your surrogate, your Boca Raton physician, and somewhere accessible at home, not locked in a safe deposit box your family cannot reach in an emergency.
A note before you finalize
Advance directives are deeply personal, and Florida’s witnessing rules and terminology trip up many do-it-yourself forms. Before relying on a downloaded template, consult a licensed Florida estate planning attorney who can ensure your wishes will be honored when it counts.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
