The Florida power of attorney, or healthcare power of attorney, is a legal document that gives your attorney-in-fact or agent the authority to make healthcare decisions on your behalf when you, as a principal, are not able to do so.
The medical power of attorney form can include various instructions about the principal’s healthcare preferences. The principal can specify in the document what treatments or medications they want or don’t want to be subjected to.
They can also include their end-of-life preferences and preferences about the autopsy, organ donations, and more.
Laws and Legal Requirements for a Medical Power of Attorney in Florida
Laws and Legal Requirements
Chapter 765 of the Florida Statutes regulates the status of medical power of attorney in this state, and § 765.202 provides that you must sign the medical power of attorney in front of at least two witnesses.
If you are unable to sign, you can authorize someone to sign on your behalf. Your agent cannot be your witness. Also, only one of the witnesses can be your spouse or a blood relative.
§ 765.104 provides that the power of attorney is effective for an indefinite period of time or until you revoke it. If your spouse is your agent, all the healthcare powers will automatically be revoked if you divorce.
How to Write a Medical Power of Attorney in Florida
Here, you can see the step-by-step process of writing the Florida medical power of attorney.
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
Here, you can find the Florida medical power of attorney template. All you have to do is fill it out according to your preferences and provide what treatment you want or don’t want to be subjected to.
Our advanced document builder will guide you through the process of filling out the form.
#2. Appoint a Healthcare Representative
Here, you should appoint the healthcare representative, also called the attorney-in-fact or the agent. The agent must be an adult with the legal capacity to represent you.
You should also choose someone you can trust, considering the importance of the authority you are delegating to them. The agent should also be someone who is physically able to appear before the healthcare center that’ll provide the treatment and represent your best interests.
In this section, you can also provide medical power of attorney rights and limitations that will determine the agent’s scope of authority.
#3. Identify an Alternative Healthcare Representative
You can name one, two, or more people as alternative agents by entering their full names, mailing addresses, and contact details. This is the person who will act on your behalf and make healthcare decisions in case the primary agent is not willing or able to represent you. The alternative agent should fulfill the same requirements as the primary agent.
#4. Identify the Witnesses and Have Them Sign the Form
Florida state law requires the principal to sign the medical power of attorney before at least two witnesses. This will additionally confirm the authenticity of the document and prevent potential disputes. The attorney-in-fact cannot be a witness. Only one of the witnesses can be a spouse or a blood relative of the principal.
#5. Notarize the Form
Although the state law doesn’t require it, the medical power of attorney should be signed in front of a notary public. The notary public will identify the principal and witnesses and officially confirm that they have signed the document. In this way, the document’s authenticity will be officially confirmed.