Sec. 765.401, Florida Statutes is a statutory provision that designates someone to make healthcare decisions on behalf of a person clinically deemed incapacitated by his or her treating physician when the person did not create an advance directive or designate a healthcare surrogate. The statute sets forth the order of priority for the proxy with next of kin having the highest priority. When there is no next of kin or close family friend, MPC can step in and make health care decisions on behalf of the person.