The Short Answer

In Florida, you typically appoint a health care decision-maker through a Designation of Health Care Surrogate and appoint a financial decision-maker through a Durable Power of Attorney. Both documents have strict signing requirements, and a financial power of attorney generally becomes effective when signed (Florida does not allow most “springing” powers of attorney).

What Florida Law Says

Florida treats medical decision-making and financial decision-making as two separate legal appointments. For health care, you name a surrogate who can receive health information and make medical decisions if you cannot. For finances, you name an “agent” to handle property and financial matters—often including banking, bills, and dealing with institutions.

The Statutes

The primary law governing a health care surrogate is Fla. Stat. § 765.202.

This statute requires a written designation signed by you in the presence of two adult witnesses, and it restricts who can serve as a witness (including that the surrogate cannot be a witness and at least one witness cannot be your spouse or blood relative).

The primary law governing execution of a financial power of attorney is Fla. Stat. § 709.2105.

This statute requires the power of attorney to be signed by you, signed by two witnesses, and acknowledged before a notary. Florida also generally makes a power of attorney exercisable when executed and makes most “effective later” powers ineffective. See Fla. Stat. § 709.2108.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your life (and making sure banks, hospitals, and family members will honor your choices) is rarely simple. Legal outcomes often depend on:

• Strict Formalities: A health care surrogate designation must be signed with two adult witnesses and has witness restrictions under Fla. Stat. § 765.202. A financial POA must be signed with two witnesses and notarized under Fla. Stat. § 709.2105. Mistakes can make the document unusable when you need it most.
• Scope and Risk: A financial agent can be given broad authority. The wording matters, and overly broad or unclear powers can create fraud/abuse risk or cause institutions to refuse the document.
• Timing and Effectiveness: Florida generally expects financial POAs to be effective when signed, and most “springing” provisions are ineffective under Fla. Stat. § 709.2108. That makes choosing the right person—and adding the right safeguards—especially important.

If you want your plan to work in real life (with hospitals, banks, and family dynamics), it’s worth having a Florida probate/estate planning attorney tailor the documents to your situation and confirm they’re properly executed.

For more background, you may also find these helpful: Guardianship vs. Durable Power of Attorney in Florida.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.