Florida Living Will vs. Health Care Surrogate vs. HIPAA Authorization: What Each One Does
Florida families often hear about three health care documents at once. They work together, but each does a different job.
The quick version
- Health care surrogate designation: names who makes health care decisions for you if you can't, or right away if you choose.
- Living will: states what you want about life-prolonging procedures in certain end-of-life situations.
- HIPAA authorization: says who can receive your medical information.
The first two are governed by Chapter 765 of the Florida Statutes; the HIPAA authorization comes from federal privacy rules.
Health care surrogate designation
A health care surrogate is an adult you name to make health care decisions for you. This covers almost any medical decision, not just end-of-life care.
How it's signed. Under section 765.202, Florida Statutes, you sign in front of two adult witnesses. The person you name as surrogate can't be a witness, and at least one witness must be neither your spouse nor a blood relative. The statute doesn't require a notary. The statute also says an exact copy goes to your surrogate.
When it takes effect. Usually, a surrogate steps in after your doctor determines you can't make your own health care decisions (section 765.204). Florida also lets you choose to have your surrogate's authority start immediately, either to receive your health information, to make decisions, or both. Even then, while you have capacity, your own decisions win if you and your surrogate disagree.
Optional features. You can name an alternate surrogate. Florida's statutory form in section 765.203 is a suggested form: the law says a designation "may, but need not be," in that form.
Living will
A Florida living will is a written declaration about life-prolonging procedures. It applies if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state (section 765.302). It's narrower than a surrogate designation: it speaks to those specific situations, not everyday medical care.
How it's signed. You sign in front of two witnesses, and at least one must be neither your spouse nor a blood relative. No notary is required. Florida's form in section 765.303 is optional: a living will "may, BUT NEED NOT," follow it.
How it's used. Before life-prolonging procedures are withheld or withdrawn, your primary physician and a consulting physician must separately examine you and document your condition (section 765.306). The law makes it your responsibility to tell your doctor you have one; others can notify the facility if you can't.
HIPAA authorization
HIPAA is the federal law that protects your health information. Doctors and hospitals can share some information with family members involved in your care, but that's permissive, not a right. A HIPAA authorization is your written permission for providers to share information with the people you name.
Under federal rules (45 C.F.R. 164.508), a valid authorization includes items such as what information may be shared, who may share it, who may receive it, the purpose, an expiration date or event, and your signature and date. The federal rule doesn't list witnesses or a notary among its requirements.
Why some people use one alongside a surrogate designation. A Florida surrogate's authority includes access to your health information. A stand-alone authorization can also cover people who aren't decision-makers, such as an adult child who helps with appointments.
How they work together
Picture a hospital stay:
- Your HIPAA authorization lets your daughter call the nurse's station for updates.
- Your health care surrogate, perhaps your spouse, makes treatment decisions if you can't.
- Your living will tells your surrogate and doctors your wishes about life-prolonging procedures if you reach one of the three conditions.
Your surrogate is expected to decide as you would have wanted (section 765.205), and your living will is strong evidence of those wishes.
What happens if you don't sign anything?
If you're incapacitated and haven't named a surrogate, Florida law allows a "proxy" to decide (section 765.401). The order is: a court-appointed guardian (if one already exists), your spouse, an adult child (or a majority of adult children), a parent, an adult sibling (or a majority of siblings), another close adult relative, a close friend, and, as a last resort, a licensed clinical social worker selected through a bioethics committee process. 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 your best interest if your wishes aren't known.
Frequently asked questions
Does a Florida living will need to be notarized? No. Florida requires two witnesses, one of whom isn't your spouse or blood relative. A notary is optional.
Can my health care surrogate witness my designation? No. Section 765.202 bars the surrogate from being a witness.
Can I change these documents? Yes. Under section 765.104, you can amend or revoke an advance directive with a signed, dated writing, by destroying it, by saying so out loud, or by signing a new, materially different directive.
Is a do-not-resuscitate order the same as a living will? No. Florida's pre-hospital DNRO is a separate Department of Health form that your health care provider also signs.
Templates
Rexford Mercantile offers the Florida Healthcare Documents Trio, which bundles all three documents. Each is also sold separately: the Florida Living Will Template, the Florida Health Care Surrogate Designation Template, and the Florida HIPAA Authorization Template.
Rexford Mercantile sells self-help legal document templates. We are not a law firm, and Jonathan and Ruth Rexford are not attorneys. This article is general information about Florida law as of September 2026. It is not legal or medical advice and does not create an attorney–client relationship. If your family disagrees about care, if capacity is in question, or if you have questions about your situation, talk with a licensed Florida attorney.