A living will in Florida is a legal document that states which life-prolonging medical treatments you want or do not want if you become unable to communicate. To make one valid, you must be a competent adult, sign it, and have two witnesses sign, at least one of whom is not your spouse or blood relative. Notarization is not required but is recommended.
It is difficult to think about end-of-life care, let alone discuss it with the people you love. But putting your wishes in writing now spares your family from making impossible decisions during a crisis, and it gives your physician clear direction. Florida law, under Chapter 765 of the Florida Statutes, allows you to create a living will that outlines exactly which treatments you would accept or decline. You can build a Florida-compliant living will alongside your other documents with FastWill's estate planning package.
What Is an Advance Directive?
Advance directives are legal documents that explain your healthcare decisions in situations where you cannot make them yourself. In Florida, they are governed by Chapter 765 of the Florida Statutes, and they come in two main forms: the living will and the designation of a health care surrogate.
What Situations Does a Florida Living Will Cover
Florida's living will form addresses what the law calls "life-prolonging procedures," meaning medical treatment that uses mechanical or artificial means to sustain a spontaneous vital function and only serves to prolong the dying process. This does not include comfort care or pain relief. In practice, this covers situations like:
- Artificial nutrition and hydration
- Mechanical ventilation
- CPR and other resuscitation measures
- Kidney dialysis
The document applies specifically when you cannot communicate your own wishes, such as if you are in a coma, have advanced dementia, are unconscious, or are in a persistent vegetative state.
Living Will vs. Designation of Health Care Surrogate
Florida also allows you to name a health care surrogate under section 765.202 of the Florida Statutes. This is sometimes called a healthcare power of attorney. The difference matters: a living will communicates your wishes directly to your medical providers, while a health care surrogate is a person who communicates and makes real-time decisions on your behalf when a situation is not spelled out in your living will. Most Florida residents benefit from having both documents in place. Our guide on advance directives and the role of living wills in an estate plan covers how the two work together.
Is a Living Will the Same as a DNR
No. A Do Not Resuscitate Order (DNR) addresses one specific scenario: whether to attempt CPR if your heart or breathing stops. In Florida, a physician must sign and date a DNR, and it becomes part of your active medical treatment plan, typically for patients with a terminal illness or in a persistent vegetative state. A living will covers a broader range of end-of-life decisions and does not require a physician's signature to take effect.
Requirements for a Valid Living Will in Florida
Under Florida Statute section 765.302, a valid living will requires:
- Age and capacity: You must be a competent adult when you sign.
- Witnesses: The document must be signed in the presence of two witnesses. At least one witness cannot be your spouse or a blood relative.
- Notarization: Not required, but recommended, since a notarized document is less likely to be questioned later.
Revoking a Florida Living Will
You can cancel a living will at any time while you are competent. Florida law allows you to revoke it by:
- Signing and dating a written revocation statement
- Physically destroying the document
- Executing a new living will that supersedes the old one
Florida technically permits verbal revocation as well, but this is risky because it can create confusion about your actual intent. Putting any change in writing is the safer approach.
How a Living Will Differs From a Last Will and Testament
A last will and testament controls how your property is distributed after you die, and it only takes effect at death. A living will addresses your medical care while you are still alive but unable to communicate. Most Florida residents need both. If you have not yet made your last will and testament, see our guide on how to make a will in Florida.
Frequently Asked Questions
Do I need a lawyer to make a living will in Florida?
No. Florida law does not require an attorney, but you must meet the witness and signature requirements exactly for the document to hold up when it matters.
Who can witness my Florida living will?
Two witnesses are required, and at least one cannot be your spouse or a blood relative. The other witness can be almost anyone else who is present and competent.
Does a Florida living will need to be notarized?
No, but notarizing it is recommended because it reduces the chance of a dispute over its authenticity later.
Can I change my mind after signing a living will?
Yes. You can revoke it in writing, destroy the document, or execute a new one at any time while you are still competent.
What is the difference between a living will and a health care surrogate?
A living will states your own treatment preferences directly. A health care surrogate is a person you appoint to make real-time medical decisions on your behalf when your living will does not address the exact situation.
Make a Florida Living Will With FastWill
A living will gives your family and physicians clear direction during one of the hardest moments they will face. FastWill helps you build a fully customized Florida living will, guides you through signing and witnessing, and can connect you with a notary if you want the added protection. Start with FastWill's estate planning package, which pairs your living will with your last will and testament, or review the full range of documents in our Florida estate planning guide.
