FL · MED-POA · Updated July 2026 · Free
Florida Medical Power of Attorney
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Florida at a glance: Witnesses Required: 2 witnesses (at least 1 disinterested) · Notary Required: No (cannot substitute for witnesses) · Governing Law: Fla. Stat. § 765.203
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Overview
Medical Powers of Attorney in Florida
Florida refers to this document as a **Designation of Health Care Surrogate** (Fla. Stat. § 765.203).
To be legally binding, it must be signed in the presence of at least two witnesses. At least one of the witnesses must be a disinterested witness (not a spouse or blood relative of the principal). **Notarization cannot substitute for witnesses** — two witness signatures are always mandatory in Florida.
Key Facts
Florida Medical Power of Attorney — Quick Reference
| Requirement | Florida Rule |
|---|---|
| Witnesses Required | 2 witnesses (at least 1 disinterested) |
| Notary Required | No (cannot substitute for witnesses) |
| Governing Law | Fla. Stat. § 765.203 |
Legal Requirements
Florida Legal Requirements
- Must be signed in the presence of two witnesses.
- At least one witness must not be a spouse or blood relative.
- The designated healthcare surrogate cannot sign as a witness.
Governing Laws
Florida Governing Laws
Fla. Stat. § 765.203
Designation of Surrogate Form
Establishes the statutory text and execution requirements.
Read the full text of these laws at Cornell Law School's Florida legal resources or your state legislature's official website.
Questions & Answers
Florida Medical Power of Attorney — Frequently Asked Questions
Does a Florida surrogate designation need to be notarized?
No. Florida law does not require notarization, but it strictly requires two witness signatures.
Can a Florida surrogate make choices immediately?
Yes. Florida law allows you to authorize your surrogate to make decisions immediately, even while you still have capacity.