The Short Answer

In Florida, the right paperwork depends on what you need the family member to do. For medical decisions, Florida law specifically recognizes a Designation of Health Care Surrogate for a Minor and also recognizes certain non-parents who may consent in limited situations when a parent can’t be reached.

For school enrollment and broader day-to-day authority, families often need something more formal than a simple note—especially if the child is living with the relative or the parent will be unavailable for an extended period.

What Florida Law Says

Florida generally reserves education and health-care decision-making to a child’s parent or legal guardian. When a parent wants a trusted adult to step in, the law provides specific ways to document that authority—particularly for medical consent—so schools and providers can rely on it without guessing whether the caregiver has legal authority.

The Statute

The primary law governing medical decision authority for a non-parent caregiver is Fla. Stat. a7 765.2035.

This statute allows a natural guardian/legal custodian/legal guardian to designate a competent adult as a health care surrogate for a minor by a written document signed in the presence of two adult witnesses (with restrictions on who can witness).

Florida also addresses who may consent to a minor’s medical care when a parent cannot be contacted after reasonable attempts. See Fla. Stat. a7 743.0645, which prioritizes (among others) a properly designated health care surrogate or a person holding a qualifying power of attorney, and then certain relatives (e.g., stepparent, grandparent, adult sibling, aunt/uncle) in defined circumstances.

For families who want a ready-to-use document, Florida provides a suggested form for the surrogate designation at Fla. Stat. a7 765.2038.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family’s situation is rarely simple. Legal outcomes often depend on:

• Strict formalities: A minor health care surrogate designation must meet signing and witness requirements under Fla. Stat. a7 765.2035, and the wrong execution can lead a school or provider to reject it at the worst time.
• Scope limits: Florida’s “who can consent” rules for treatment when a parent can’t be reached can be limited by the type of care and the circumstances. For example, Fla. Stat. a7 743.0645 defines “medical care and treatment” and notes certain procedures may require additional authority.
• School acceptance and custody questions: School enrollment often turns on who has legal custody/guardianship and what the district requires. If the child is living with a relative, you may need a more durable legal arrangement than a simple authorization letter.

Trying to handle this alone can lead to delays in enrollment, denied access to records, or problems getting timely medical care. An attorney can match the document to your exact goal (short-term help vs. longer-term caregiving) and reduce the risk that a school or provider refuses it.

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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.