Florida Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Florida who cannot decide: an agent, a guardian, or Florida's default surrogate order. Runs in your browser; nothing is stored.

Florida law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Florida

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Florida's default surrogate order

  1. Court-appointed guardian (or guardian advocate) authorized to consent to medical treatment (Only if already appointed; no appointment is required)
  2. Spouse
  3. An adult child, or a majority of reasonably available adult children
  4. A parent
  5. An adult sibling, or a majority of reasonably available adult siblings
  6. An adult relative who has shown special care and concern and kept regular contact
  7. A close friend
  8. A licensed clinical social worker (or court-approved guardianship program graduate) chosen by the provider's bioethics committee (Must not be employed by the provider)
What it covers
A proxy may make health care decisions for an incapacitated patient who has no advance directive or designated surrogate, or whose surrogate is no longer available.
If more than one person is in the same group
Adult children and adult siblings act by majority of those reasonably available. No rule is stated for other classes.
If nobody on the list is available
The last class is a clinical social worker chosen by a bioethics committee; decisions to withhold or withdraw life-prolonging procedures are then reviewed by the facility bioethics committee.
Who decides the person cannot decide
Applies to an incapacitated or developmentally disabled patient. This section does not say who determines incapacity.
Limits
  • A proxy's decision to withhold or withdraw life-prolonging procedures needs clear and convincing evidence the patient would have chosen it, or that it is in the patient's best interest if there is no indication.
  • Decisions follow what the proxy reasonably believes the patient would have decided.

Source: Fla. Stat. 765.401 · Checked October 26, 2026

Next steps

Who decides in Florida without a power of attorney?

Florida's default surrogate law (Fla. Stat. 765.401) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse.

Florida's default surrogate law in full

Florida's default surrogate order

  1. Court-appointed guardian (or guardian advocate) authorized to consent to medical treatment (Only if already appointed; no appointment is required)
  2. Spouse
  3. An adult child, or a majority of reasonably available adult children
  4. A parent
  5. An adult sibling, or a majority of reasonably available adult siblings
  6. An adult relative who has shown special care and concern and kept regular contact
  7. A close friend
  8. A licensed clinical social worker (or court-approved guardianship program graduate) chosen by the provider's bioethics committee (Must not be employed by the provider)
What it covers
A proxy may make health care decisions for an incapacitated patient who has no advance directive or designated surrogate, or whose surrogate is no longer available.
If more than one person is in the same group
Adult children and adult siblings act by majority of those reasonably available. No rule is stated for other classes.
If nobody on the list is available
The last class is a clinical social worker chosen by a bioethics committee; decisions to withhold or withdraw life-prolonging procedures are then reviewed by the facility bioethics committee.
Who decides the person cannot decide
Applies to an incapacitated or developmentally disabled patient. This section does not say who determines incapacity.
Limits
  • A proxy's decision to withhold or withdraw life-prolonging procedures needs clear and convincing evidence the patient would have chosen it, or that it is in the patient's best interest if there is no indication.
  • Decisions follow what the proxy reasonably believes the patient would have decided.

Source: Fla. Stat. 765.401 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Florida if there is no power of attorney?

Florida's default surrogate law (Fla. Stat. 765.401) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse. The full order, tie rule and limits are in Fla. Stat. 765.401.

Does next of kin in Florida have authority over money?

No default surrogate law covers money. In Florida, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Florida law checked against the official text on October 26, 2026.

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