Can a Florida Parent Name a Health Care Surrogate for a Minor Child?

This designation is often used when a child will be cared for by grandparents, relatives, or others while parents travel or are unavailable. It gives the named adult authority to make health care decisions for the minor.

The document must be signed by the minor's principal, meaning the parent, custodian, or guardian making the designation, in the presence of two subscribing adult witnesses. If the principal cannot sign, the principal may direct another person to sign in the witnesses' presence. The surrogate cannot serve as a witness, and an exact copy must be given to the surrogate.

An alternate surrogate may be named, but the designation must be explicit. The alternate may act if the original surrogate is not willing, able, or reasonably available. A separate surrogate may be named for mental health treatment decisions. Unless the document says otherwise, the court assumes the health care surrogate is also the principal's choice for those decisions.

The designation remains in effect until revoked unless the document states a termination time. It is not invalid solely because it was signed before the child's birth. Under section 765.2035(7), it creates a rebuttable presumption of clear and convincing evidence of the designation. The related adult document, a designation of preneed guardian, serves a different purpose.