How do you revoke a Florida Designation of a Health Care Surrogate?

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by

Benjamin Boyhan
in

A Florida Designation of Healthcare Surrogate (“Designation”) allows you to appoint someone (your “Surrogate”) to make healthcare decisions on your behalf if you become incapacitated. Once you sign a Designation, it will be effective until you revoke it or pass away unless you specify a termination date.

You can revoke your Designation at any time. Pursuant to Florida Statute 765.104, there are several ways to revoke your Designation:

  1. You sign a new Designation that revokes all prior Designations.
  2. You sign and date a statement revoking your Designation.
  3. You physically destroy your Designation.
  4. You verbally express an intent to revoke your Designation.
  5. Your only Surrogate is your spouse, you divorce, and the Designation does not state it will remain effective if you divorce.


While you can verbally revoke your Designation, it is best practice to revoke it in writing by signing a new Designation or signing a statement revoking your Designation.