Health Care Surrogate for a Minor Child in Florida

A health care surrogate designation lets a parent name another adult who can consent to medical treatment for their child when the parent is not available. It is one of the most useful documents a Florida family can have on file, and one of the least understood.

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What the document actually does

Florida law allows a parent or legal guardian to designate, in writing, another competent adult to make health care decisions for a minor. The designation does not transfer custody and does not end parental rights. The parent keeps every right they had; they are simply authorising someone else to say yes to treatment when they cannot be reached.

The relevant provisions sit in Chapter 765 of the Florida Statutes, which covers health care advance directives. The section dealing specifically with designating a surrogate for a minor is section 765.2035. Read the current text on the Florida Legislature's own site at leg.state.fl.us rather than relying on a copy — the chapter has been amended more than once.

When families need one

• A grandparent, aunt or family friend is caring for a child while a parent works out of state, deploys, or is hospitalised.
• A child stays with relatives for a school year.
• A parent travels and wants a caregiver able to authorise treatment for anything beyond a scraped knee.
• Separated parents want a clear written record of who may consent.

What it is not

People confuse four different things. A health care surrogate for a minor covers medical decisions only. A power of attorney for a minor child is broader and can cover school and day-to-day care; see that page. Temporary custody by an extended family member is a court process under Chapter 751 that actually shifts decision-making authority. Guardianship under Chapter 744 is a formal court appointment, usually where a parent is unavailable or unfit. The first two are private documents; the last two involve a judge.

Getting one

The designation must be signed by the parent and witnessed. Requirements for witnesses are specific, and a document that fails them may be refused by a hospital exactly when it matters. Many Florida hospitals, pediatric practices and legal aid offices provide a compliant form at no cost, and the state's own advance-directive materials are published through the Florida Agency for Health Care Administration. If custody is contested, or a court order already governs decisions for the child, talk to a lawyer before signing anything — a private document cannot override a court order.

Keeping it usable

A signed form in a drawer helps nobody. Give a copy to the caregiver, the child's pediatrician, and the school. Keep a photo on your phone. Note any expiry date on your calendar. Review it whenever custody, address or the named caregiver changes.