How can I authorize a relative to make medical decisions for my children while we move?: Practical options in North Carolina - Florida
The Short Answer
In Florida, you can usually authorize a trusted relative to make medical decisions for your minor children by signing a written Designation of Health Care Surrogate for a Minor. This can give the relative clear legal authority to consent to treatment when you are not available, which is especially useful during a move or transition period.
What Florida Law Says
Florida law allows a child’s natural guardian (or legal custodian/guardian) to designate a competent adult to make health care decisions for the child. The designation must be in writing and signed with the required witness formalities, and it can also name an alternate surrogate in case the first person cannot act.
The Statute
The primary law governing this issue is Fla. Stat. a7 765.2035.
This statute establishes that a parent/natural guardian (or custodian/guardian) may designate a competent adult, in a signed written document witnessed by two adult witnesses, to make health care decisions for the minor when the parent is not able or reasonably available to consent.
Florida also addresses who may consent to a minor’s treatment when a parent cannot be reached, and it specifically recognizes a properly designated minor health care surrogate (or a qualifying power of attorney) as the top priority in that situation. See Fla. Stat. a7 743.0645.
If you want a statutory template, Florida provides a suggested form for a minor health care surrogate designation at Fla. Stat. a7 765.2038.
Related reading: What documents do I need in Florida to let a family member enroll my kids in school or consent to medical care?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Formalities: A minor health care surrogate designation must be properly executed (including witness requirements), and the surrogate generally cannot be a witness. See Fla. Stat. a7 765.2035.
- Scope of Authority: Florida draws a line between “ordinary” care and more significant interventions; certain procedures may require a surrogate designation (or other legally recognized authority) rather than informal permission. See Fla. Stat. a7 743.0645.
- Conflicts and Exceptions: If there is another parent with rights, an existing custody order, or disagreement among family members, the “right” document (and wording) matters to avoid delays in treatment or disputes with providers.
During a move, the real risk is that a hospital or urgent care facility refuses to accept informal paperwork, causing treatment delays and unnecessary stress. An attorney can tailor the authorization to your family situation and make sure it is enforceable when it matters.
Get Connected with a Florida Attorney
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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.