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In Florida, a Health Care Proxy has the same decision making authority as a Health Care Surrogate, but a proxy is someone who is appointed to this role when the patient has not designated a Health Care Surrogate, or the surrogate is unable or unwilling to perform his or her duties.
If you become unable to make your own healthcare decisions and do not have a legal guardian or someone designated under a Medical Power of Attorney, then certain family members and others can make medical treatment decisions on your behalf. An advance directive does not need to be notarized.
No, you do not need to notarize your designation, but you will need to sign the designation before two witnesses and have the witnesses attest to your signature. At least one of the witnesses must not be a blood relative. After you and the witnesses have signed, your designated surrogate should receive a copy.
In Florida, only one can be a spouse, family member or relative; your health care surrogate cannot be a witness. In Florida, these documents do not need to be notarized to be legal, though some prefer to have them notarized along with any other legal documents, such as a will.
Neither of the witnesses can be an appointed health care surrogate, and at least one witness cannot be a spouse or a blood relative. The Designation of Health Care Surrogate does not need to be notarized.