Health Care Surrogate vs. Living Will: What's the Difference in Florida?
Two Documents, Two Different Jobs
People often confuse a designation of health care surrogate with a living will. Both are Florida documents that deal with medical decisions, but they do different things. A health care surrogate document names a person to make decisions for you. A living will states your own wishes in writing. They can, and often do, work together.
What a Health Care Surrogate Does
This document names someone you trust to make health care decisions for you if you become unable to make them yourself. That person speaks for you to doctors and hospitals. It does not, by itself, tell that person what choices to make — it just gives them the authority to make choices.
- Names a person, not a set of instructions.
- Often used together with a HIPAA release so the surrogate can actually see your medical records.
What a Living Will Does
A living will is a written statement of your own wishes about end-of-life medical care. It does not name a decision-maker. Instead, it tells doctors and family — including a health care surrogate, if you have one — what kind of care you do or do not want if you can no longer speak for yourself.
- States your wishes, not a person's authority.
- Can guide a health care surrogate, a pre-need guardian, or family members who are involved in your care.
How They Must Be Signed in Florida
Florida has specific signing rules for these documents. The exact requirements are not something we can summarize casually — they must be confirmed with the Florida Bar forms themselves or with an attorney before you sign anything. Signing a document incorrectly can make it invalid, so this is not a step to guess at.
Which Ones Do You Actually Need?
Many people end up using more than one document together, depending on their family situation:
- A durable power of attorney — for financial matters, separate from health decisions.
- A designation of health care surrogate — names who decides for you.
- A living will — states what you want.
- A HIPAA release — lets chosen people see your medical records.
- A pre-need guardian designation — names who you'd want appointed as guardian if a court ever needed to appoint one.
Which combination makes sense for you depends on your family, your health, and your wishes. This page is general information, not legal or medical advice. Always confirm requirements with the Florida Bar forms or a licensed professional before signing anything.
What to Do Next
If you're not sure which of these documents apply to your situation, describe your family situation in plain language. The free tool reads your own situation and numbers — not generic examples — and maps out which Florida documents, like the ones above, may apply to you. It is still not legal advice, and you should confirm anything important with a professional before you sign.