Florida Statute 765.202 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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765.202 Designation of a health care surrogate.—

(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.

(2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative.

(3) A document designating a health care surrogate may also designate an alternate surrogate provided the designation is explicit. The alternate surrogate may assume his or her duties as surrogate for the principal if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate an alternate surrogate shall not invalidate the designation of a surrogate.

(4) If neither the designated surrogate nor the designated alternate surrogate is willing, able, or reasonably available to make health care decisions on behalf of the principal and in accordance with the principal’s instructions, the health care facility may seek the appointment of a proxy pursuant to part IV.

(5) A principal may designate a separate surrogate to consent to mental health treatment in the event that the principal is determined by a court to be incompetent to consent to mental health treatment and a guardian advocate is appointed as provided under s. 394.4598. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions under this chapter is also the principal’s choice to make decisions regarding mental health treatment.

(6) A principal may stipulate in the document that the authority of the surrogate to receive health information or make health care decisions, or both, is exercisable immediately without the necessity for a determination of incapacity as provided in s. 765.204.

(7) Unless the document states a time of termination, the designation shall remain in effect until revoked by the principal.

(8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.

History.—s. 3, ch. 92-199; s. 8, ch. 94-183; s. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153.

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Amendments to 765.202

Annotations, Discussions, Cases:

Cases Citing Statute 765.202

Total Results: 7 | Sort by: Relevance | Newest First

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Graham v. Dept. of Child. & Families, 970 So. 2d 438 (Fla. 4th DCA 2007).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 4245627

...incapacitated person. § 744.331(6)(b), Fla. Stat. (2007). Nothing in this section places the burden on a health care surrogate to come forward with the instrument to prove its validity, and Luke Graham asserts no authority to that effect. Moreover, section 765.202(7), Florida Statutes (2007), provides: "A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal's designation of the surrogate." Luke Graham does not argue that the Directive was not executed properly pursuant to section 765.202 and there is no evidence of such. The Directive, as it appears in the record, complies with the dictates of section 765.202, and thus it "establishes a rebuttable presumption of clear and convincing evidence" of Betty's intent to designate Laurence as her health care surrogate....

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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024).

Published | Supreme Court of Florida

Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate

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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Termination or suspension of power of attorney or agent’s authority. - 10 - § 744.3045, Fla. Stat. Preneed guardian. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla....

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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...Capacity; appointment of guardian advocate. - 27 - §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla....

...Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla....

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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 709.08, Fla. Stat. Durable power of attorney. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla....

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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...Capacity; appointment of guardian advocate. - 28 - §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla....

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Est. of Jenner ex rel. Jenner v. Manor Pines Convalescent Ctr., LLC, 112 So. 3d 648 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 1748703, 2013 Fla. App. LEXIS 6539

...The trial court agreed, finding that Brian Jenner had the authority to enter into the Agreement for Care on Mrs. Jenner’s behalf pursuant to the Designation. It further found that Mrs. Jenner was competent at the time she executed the Designation and that the Designation “was completed in conformance with § 765.202 Fla....

...Lawence, 8 So.3d 1281, 1282-83 (Fla. 4th DCA 2009)). “However, ‘the trial court’s factual findings are reviewed under a competent, substantial evidence standard.’ ” Id. at 146 (quoting BDO Seidman, LLP v. Bee, 970 So.2d 869, 873-74 (Fla. 4th DCA 2007)). Section 765.202, Florida Statutes (2001), provides the means by which an individual may designate a health care surrogate. The statute requires a writing signed by the principal in the presence of two witnesses. § 765.202(1), Fla. Stat. “A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name.” § 765.202(1), Fla. Stat. (2001). “A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.” § 765.202(7), Fla....

...the arbitration provision contained in the Agreement for Care by virtue of his power under the Designation. We need not address this issue, as we hold that the trial court’s factual finding that the Designation was “completed in conformance with § 765.202 Fla....

...Stat.” is not supported by substantial, competent evidence. Contrary to the trial court’s findings, in his deposition, Mr. Jenner testified that he signed the Designation for his wife. He did not indicate that he did so in front of witnesses at Mrs. Jenner’s direction as required by section 765.202(1), Florida Statutes....