Free Florida Medical Power of Attorney Forms

Florida Medical Power of Attorney Laws

A medical power of attorney (POA), also referred to as a Health Care Advance Directive, is a legal document wherein a person authorizes another to make medical decisions on their behalf.

In a normal POA, the authorized person is generally referred to as an attorney-in-fact or an agent. In a Florida medical POA, they are called a surrogate. They have the legal standing to make medical decisions in case an individual becomes incapacitated and is unable to make sound decisions.

The following are relevant laws about the Florida medical POA:

• **Designation of Health Care Surrogate **- This chapter of the 2012 Florida Statutes outlines the requirements for designating a surrogate to make healthcare decisions for a principal. Furthermore, it says, “A document designating a healthcare surrogate may also designate an alternate surrogate provided the designation is explicit” (2022 Florida Statutes Chapter 765 § 765.202).
• Capacity of Principal - A principal is considered incapacitated when they are hospitalized for mental illness or mental retardation. The attending physicians will evaluate the patient. If they lack the mental capacity and there is a medical POA in place, then the surrogate can make decisions on the principal’s behalf. Part of the Health Care Advance Directives reads: “The surrogate’s authority commences either upon a determination under subsection (2) that the principal lacks capacity” (2022 Florida Statutes Chapter 765 § 765.204).
• Responsibility of the Surrogate - The surrogate is authorized to make all healthcare decisions for the principal during the period of their incapacity and “Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which he or she believes the principal would have made under the circumstances if the principal were capable of making such decisions.” (2022 Florida Statutes Chapter 765 § 765.205).

**Signing Requirements in Florida **

The Florida medical POA must be signed by the principal and two witnesses. The witnesses must be sober and cognizant, and the document must be given to a notary public for verification (2022 Florida Statutes Chapter 709 § 709.02).

How To Write a Medical POA in Florida

You can download a Florida medical POA template online and customize it according to your needs. Here are the steps in creating the form:

1. Designate a healthcare surrogate

Appoint someone you trust to become a surrogate because they will be in charge of making medical decisions on your behalf if you become incompetent. Some people would choose a family member, while others prefer not to put the family in that position. However you decide to go about it, the surrogate must have your best interests in mind.

2. Fill out the printable form

You must fill out the blanks on the printable form. The first spaces, which will be in the first paragraph, will be for the principal or the person who will designate the surrogate. The form requires the name and age of the principal.

The second paragraph will be about the surrogate and their relationship with the principal. The POA will also require the surrogate’s address and phone number so they can be easily contacted when the need for medical authority commences.

3. Specify healthcare directives

People have specific healthcare conditions that they might want to include in the POA. The specific acts will prevent confusion and will ensure that the surrogate will make decisions based on the principal’s wishes. The more specific the directives, the better because there is nobody else who can give the surrogate permission to make certain healthcare decisions when the POA comes into effect.

If the instructions are too long, a separate sheet can be used as long as it is noted on the main POA form.

4. Signing the POA

There should be two people who will witness the principal signing the POA. After the principal signs, the two witnesses must sign the same POA. One of the witnesses must be related to the principal or be associated with a healthcare provider for the principal.

**5. Indicate living will **

The principal can put into words their wishes about treatment and procedures that extend life, whether they want them or they prefer to abstain from them. These wishes should be indicated on the POA, particularly in the space following the words: specify other conditions.