Imagine being in the hospital and unable to speak for yourself. Who would the doctors turn to for decisions about your care? Would your loved ones agree on what you’d want, or would they face painful uncertainty?
A healthcare surrogate takes that burden away. It’s one of the most important yet often overlooked parts of estate planning. At Silvers Law, P.A., we’ve helped countless Clearwater families appoint trusted surrogates so their medical care and dignity remain protected — no matter what life brings.
Key Takeaways
- A healthcare surrogate is a person you legally authorize to make medical decisions on your behalf if you can’t communicate.
- It’s different from a living will, though the two often work hand in hand.
- In Florida, you must name your surrogate in a written, signed, and witnessed document.
- Choosing the right surrogate helps ensure your medical care aligns with your values and preferences.
What Is a Healthcare Surrogate?
A healthcare surrogate is a person you choose to make medical decisions for you if you’re unable to make them yourself. This includes giving consent for treatment, accessing your medical records, and communicating with doctors about your wishes.
Under Florida law, you can appoint a healthcare surrogate through a written document that names your chosen person (and often an alternate) and authorizes them to act on your behalf. The document must be signed by you and two witnesses, one of whom isn’t related to you by blood or marriage.
This is sometimes called a Designation of Healthcare Surrogate or a medical power of attorney.
Why Appointing a Healthcare Surrogate Matters
When a medical crisis strikes, families are often left scrambling to make decisions. Without clear authority, hospitals may hesitate, and family members might disagree on what should happen next.
Appointing a healthcare surrogate prevents confusion and ensures someone you trust is legally empowered to act for you. Here’s why this simple step makes such a difference:
- Protects your medical choices: The person you choose already knows your wishes.
- Avoids family disputes: Everyone understands who has authority to decide.
- Speeds up care: Doctors can take direction immediately from your surrogate.
- Provides peace of mind: You and your loved ones know someone responsible will speak for you.
At Silvers Law, P.A., we’ve seen how naming a healthcare surrogate brings comfort to families — especially when the unexpected happens.
Healthcare Surrogate vs. Living Will
People often confuse these two documents, but they serve different purposes.
- A living will outlines what medical treatments you want or don’t want if you can’t speak for yourself.
- A healthcare surrogate designates who will make those decisions for you.
Ideally, you should have both. The living will provides written guidance, while the healthcare surrogate ensures those wishes are carried out accurately and compassionately. Working with a living will attorney or estate planning lawyer ensures these documents complement each other perfectly.
Who Can Be Your Healthcare Surrogate?
Almost any competent adult can serve as your surrogate. Most people choose:
- A spouse or long-term partner
- An adult child
- A close friend
- A trusted relative
What matters most is that your surrogate understands your values and can handle tough decisions under pressure.
In Florida, your healthcare provider or employee of your healthcare facility generally cannot serve as your surrogate unless they’re related to you.
We often encourage clients to choose someone who is both trustworthy and assertive enough to advocate for them in a medical setting.
How to Appoint a Healthcare Surrogate in Florida
Creating a Designation of Healthcare Surrogate is straightforward with professional guidance.
- Choose your surrogate
Pick someone you trust completely — and talk with them about your wishes. - Work with an attorney
A healthcare surrogate attorney ensures your document meets Florida law and works with your broader estate plan. - Sign and witness your document
Florida requires your signature in front of two adult witnesses, one of whom cannot be a spouse or relative. - Distribute copies
Give copies to your doctor, hospital, surrogate, and attorney. Keep one at home in an easily accessible place. - Review regularly
Revisit your decision every few years or after major life events like marriage, divorce, or serious illness.
At Silvers Law, we guide clients through each of these steps, ensuring their documents are legally sound and personally meaningful.
When Does a Healthcare Surrogate Take Effect?
Traditionally, a healthcare surrogate’s authority begins only when you are unable to make medical decisions. However, under Florida law, you can now choose to allow your surrogate to act immediately — even while you’re still capable — to help manage healthcare needs or communicate with providers.
This can be especially helpful for seniors, frequent travelers, or those managing ongoing medical conditions.
How Silvers Law, P.A. Can Help
At Silvers Law, P.A., we understand these decisions aren’t easy. Choosing a healthcare surrogate means thinking deeply about your future, your loved ones, and your values. Our role is to make that process clear, comfortable, and complete.
We help clients throughout Clearwater and the surrounding areas create legally valid Designation of Healthcare Surrogate forms that coordinate with their living wills, powers of attorney, and estate plans.
When you work with us, you’re not just filling out paperwork — you’re building a plan that protects your family from confusion and ensures your voice is always heard.
Frequently Asked Questions About Healthcare Surrogates in Florida
What is a healthcare surrogate?
A healthcare surrogate is a person you appoint to make medical decisions on your behalf if you can’t communicate or make them yourself.
Does a healthcare surrogate replace a living will?
No. A healthcare surrogate makes decisions; a living will outlines your wishes. Having both provides complete protection.
Can I have more than one healthcare surrogate?
Yes, but it’s best to name one primary and at least one alternate in case your first choice is unavailable.
Can I change my healthcare surrogate later?
Yes. You can revoke or update your designation at any time by creating a new document and notifying your healthcare providers.
Do I need a lawyer to create a healthcare surrogate document?
While you can create one on your own, a healthcare surrogate attorney ensures your document is legally valid and consistent with your estate plan.
Take the Next Step Toward Peace of Mind
Naming a healthcare surrogate isn’t just a legal step — it’s a personal act of love and responsibility. It gives you control over your medical care and relieves your family from uncertainty during difficult times.
At Silvers Law, P.A., we’ve helped Clearwater families create healthcare surrogate designations that truly reflect their wishes and protect their dignity.
Contact us today to speak with an experienced estate planning attorney about naming your healthcare surrogate and completing your advance directives with confidence.
