Legal Question in Health Care Law in Florida

power of attorney health care

if you are married and want to create a power of attorney for health care. does the attorney in fact have to be your spouse ? I would like to designate just my children,, what rights would my spouse have in medical decisions if she is not on the power of attorney


Asked on 1/13/05, 12:12 pm

1 Answer from Attorneys

Re: power of attorney health care

In Florida, a Power of Attorney for Health Care is called a Designation of Health Care Surrogate. You can name anyone you want (does not have to be your spouse). You just have to make sure you meet the requirements for execution which is signing in front of 2 witnesses who also sign; one of the witnesses cannot be a spouse or blood relative. Furthermore, you can specify any instructions you want for your surrogate to follow. A Living Will can also be done, following the same execution requirements; a Living Will will supercede a Designation of Health Care Surrogate when it comes to 'right to die' issues. Should you have further questions, please feel free to contact me.

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Answered on 1/13/05, 8:35 pm


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