A medical power of attorney form is a document that lets you assign a surrogate — also called an agent — to make healthcare decisions for you if you become unable to communicate. Your health care surrogate is responsible for ensuring you receive proper medical care according to your wishes.
Laws: Section 765.101-205 of the Florida Statutes (§ 765.101-205)
In addition to your Medical Power of Attorney, consider creating the following documents:
- Living Will: This document allows you to describe your healthcare wishes in case of incapacitation. Medical powers of attorney and living wills are both advance directives for health care.
- Florida Power of Attorney: This type of power of attorney allows you to choose an agent to handle your basic financial affairs if you become incapacitated.
How to Fill in a Medical Power of Attorney in Florida
Use the following guidelines to ensure you fill out your MPOA document according to Florida Statutes § 765.101-113.
Step 1: Choose a surrogate
Your health care surrogate (sometimes called an agent or proxy) is responsible for making medical decisions for you if you can’t communicate.
Who should you choose as a surrogate?
Your surrogate must be a competent adult. They should also be a trustworthy person who understands your personal beliefs and values and can act on your behalf if needed.
Who can’t be your surrogate?
Florida law only requires that your surrogate is a competent adult.
Relevant law: § 765.202
Can you have more than one surrogate?
Yes, you can name an alternate person to take over if your health care surrogate is not able to fulfill their duties.
Relevant law: § 765.202
Step 2: Specify what healthcare decisions your surrogate can make
Can you limit your surrogate’s powers?
Yes, you can decide which powers you want to give your surrogate, when your surrogate can start making decisions for you, and when they have access to your medical information.
Unless you specifically state otherwise, you authorize your surrogate to make all medical decisions on your behalf including:
- Consenting to or refusing medical treatment, including life-sustaining care.
- Applying for health care benefits
- Accessing your medical records in order to carry out their duties
- Deciding whether your organs and tissues should be donated after your death
You can include any specific limitations on your agent’s powers in your MPOA document.
Relevant law: § 765.205
What is your surrogate legally unable to do?
Unless you provide written consent or your surrogate gets court approval, they may not consent to any of the following on your behalf:
- Abortion
- Electroshock therapy
- Sterilization
- Experimental treatments
- Withholding life-prolonging procedures if you’re pregnant
Your health care surrogate is also legally bound to act in your best interest, so anything that goes against your wishes or doesn’t prioritize your care could result in them losing their powers as your surrogate.
Relevant law: § 765.113 and § 765.205
When can your surrogate start make decisions for you?
If you don’t specify, your surrogate’s powers will become effective when your doctor decides you’re no longer able to make healthcare decisions for yourself.
If you wish, you can give your surrogate immediate authority to:
- Receive information about your health
- Make healthcare decisions on your behalf
Even if you empower your health care surrogate immediately upon signing, your verbal or written instructions for the health care you receive always takes precedent unless you’re determined incapacitated.
Relevant law: § 765.204
Step 3: Sign the form
You must sign your document according to Florida laws to make sure it’s legally binding. Once signed, you should retain the original document and share copies with your designated surrogate(s).
Do you need a witness or notary signatures?
Yes, you must sign your Medical Power of Attorney in the presence of two witnesses. If you’re physically unable to sign, you can direct someone to sign for you.
Relevant law: § 765.202
Who can’t be a witness?
In Florida, your health care surrogate can’t serve as a witness. Additionally, only one of your witnesses can be your spouse or a blood relative.
Relevant law: § 765.202
How long is your Medical Power of Attorney effective in Florida?
Unless you state otherwise, your MPOA is effective indefinitely — until you revoke it.
Relevant law: § 765.202
How to Revoke a Florida Medical Power of Attorney
In Florida, you can change or revoke your medical power of attorney at any time while you retain your decision-making capacity. To revoke your MPOA, take one of the following actions:
- Create a written revocation of power of attorney form
- Sign a new medical power of attorney with different terms from the original form
- Physically destroy the document (or direct someone else to do so in your presence)
- Verbally stating your intention to amend or revoke your MPOA
If your spouse serves as your health care surrogate, divorcing automatically revokes their powers.
Relevant law: § 765.104