What Is a Living Will in Florida? Advance Directive Requirements Explained
If you want your medical wishes honored when you cannot speak for yourself, a living will is one of the most important documents in a Florida estate plan. Florida law sets specific rules for when it applies and how it must be signed.
Overview
A living will is a written declaration that tells your doctors whether to provide, withhold, or withdraw life prolonging procedures. Florida Statute 765.302 allows any competent adult to create one at any time. The document only takes effect once you lose the ability to communicate your wishes and your medical condition meets one of the legal definitions set out in Florida Statute 765.101. Until that point, the document has no effect on your medical care. A living will is one part of a broader category of documents called advance directives, which also includes the designation of a healthcare surrogate.
When a Living Will Takes Effect
Florida law recognizes three specific medical conditions that trigger a living will. The first is a terminal condition, defined as an illness, injury, or disease with no reasonable medical probability of recovery that will result in death without treatment. The second is an end stage condition, an irreversible condition that has progressed to an advanced and permanent state where treatment would be ineffective. The third is a persistent vegetative state, a permanent and irreversible state of unconsciousness with no awareness or ability to interact with the environment. Before any of these determinations can trigger the living will, your attending physician and at least one additional consulting physician must confirm the diagnosis in writing under Florida Statute 765.306.
Execution Requirements Under Florida Statute 765.302
A Florida living will must be signed by the principal in the presence of two witnesses. At least one of those witnesses cannot be the principal's spouse or a blood relative. If the principal is physically unable to sign, a witness may sign on the principal's behalf in the principal's presence and at their direction. One detail that surprises many Florida residents is that a living will does not require notarization, unlike a will or a durable power of attorney. After the document is signed, it is the principal's responsibility to notify their attending physician that the living will exists, though a family member or facility staff can do this if the principal is already incapacitated.
Living Will vs. Healthcare Surrogate Designation
A living will and a healthcare surrogate designation serve different purposes, though both fall under Florida Statute Chapter 765. A living will is a statement of your own wishes about life prolonging treatment in specific medical situations. A healthcare surrogate designation instead names a person to make medical decisions on your behalf, covering a much broader range of situations than the three conditions that trigger a living will. If no healthcare surrogate has been named and no living will addresses a situation, Florida Statute 765.401 establishes a default order of family members who can make decisions for an incapacitated person. Most complete Florida estate plans include both a living will and a healthcare surrogate designation.
Ready to Get Started?
A living will is a narrow but important document that ensures your wishes about end of life care are followed, but its execution requirements must be met precisely for it to be honored. For related reading, see the Healthcare Surrogate page at karialaw.com.
Frequently Asked Questions
No. A Florida living will requires the signatures of two witnesses, with at least one witness who is not the principal's spouse or blood relative. Notarization is not required under Florida Statute 765.302, which differs from documents like wills and durable powers of attorney.
A terminal condition is an illness or injury with no reasonable probability of recovery that will result in death without treatment. An end stage condition is an irreversible condition that has already progressed to an advanced, permanent state where treatment would not be effective. Both are defined under Florida Statute 765.101 and both can trigger a living will.
Yes. A competent adult can revoke or change a living will at any time, regardless of mental or physical condition. Updating the document typically involves executing a new living will that meets the same witness requirements and providing it to your physician and family.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.
- Does a living will need to be notarized in Florida?
- What is the difference between a terminal condition and an end stage condition in Florida?
- Can a living will be changed after it is signed?