Putting It In Writing First
Fla. Stat. 765.202 — two adult witnesses, and the surrogate is not one
In Florida, a document designating a health care surrogate is signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign may, in their presence, direct another person to sign the principal's name.
Who may not witness. The person designated as surrogate may not witness the document, and at least one witness must be neither the principal's spouse nor a blood relative. An exact copy goes to the surrogate.
A living will. A living will is signed in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative. It is the principal's responsibility to let their primary physician know it exists.
| The assumption | What the law actually does |
|---|---|
| The assumptionA notary makes it valid | What the law actually doesTwo subscribing witnesses are what the sections require |
| The assumptionThe surrogate can witness their own appointment | What the law actually doesThe surrogate may not act as a witness |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Florida attorney.
Sources for this section (2)
- Fla. Stat. 765.202 — Designation of a health care surrogate
- Fla. Stat. 765.302 — Procedure for making a living will; notice to physician
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.