How to Create a Healthcare Directive in Florida
What Is a Healthcare Directive in Florida?
A legal document that specifies your wishes for medical treatment if you become unable to communicate your decisions.
In Florida, this document is officially known as a Advance Directive (Living Will & Health Care Surrogate Designation) and is governed by Florida Statutes Chapter 765.
Florida Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two witnesses must sign the document. At least one witness must not be a spouse or blood relative of the principal. Witnesses must be competent adults. |
| Notarization | Not required — Notarization is not required for a living will in Florida but is strongly recommended. A health care surrogate designation should be witnessed but does not require notarization. |
| Self-Proving Affidavit | Not applicable to healthcare directives in Florida. |
| Holographic (Handwritten) | Not allowed — Advance directives must follow statutory requirements and be properly witnessed. |
| Governing Statute | Florida Statutes Chapter 765 |
How to Create a Healthcare Directive in Florida: Step by Step
- 1
Choose your health care surrogate
Select a trusted person to make medical decisions on your behalf if you become incapacitated. This person should understand your values and be willing to advocate for your wishes.
- 2
Define your end-of-life treatment preferences
Specify your wishes regarding life-prolonging procedures, artificial nutrition and hydration, palliative care, and organ donation in a living will.
- 3
Complete the health care surrogate designation
Name your surrogate and an alternate surrogate in a separate health care surrogate designation form as provided under Fla. Stat. § 765.202.
- 4
Sign in the presence of two witnesses
Sign both documents in front of two competent adult witnesses. At least one witness must not be your spouse or a blood relative.
- 5
Distribute copies to key people
Provide copies to your health care surrogate, your primary care physician, the hospital you use most, and close family members. Keep the original accessible.
Healthcare Directive Costs in Florida
What you can expect to pay for a healthcare directive in Florida, depending on how you create it.
Common Mistakes When Creating a Healthcare Directive in Florida
Not separating the living will from the surrogate designation
Florida treats the living will (treatment preferences) and health care surrogate designation as separate documents under Chapter 765. Make sure you complete both to have full coverage.
Using an ineligible witness
At least one of your two witnesses must not be a spouse or blood relative. Using two relatives as witnesses can create validity challenges.
Not discussing your wishes with your surrogate
Your surrogate needs to understand your values and preferences in detail. Without this conversation, they may struggle to make decisions that align with what you would have wanted.
Florida-Specific Considerations
- •Florida separates the living will (Fla. Stat. § 765.303) and health care surrogate designation (Fla. Stat. § 765.202) into distinct legal documents, unlike some states that combine them.
- •A living will in Florida only takes effect when you have a terminal condition, an end-stage condition, or are in a persistent vegetative state, as determined by your attending physician.
- •Florida's DNRO (Do Not Resuscitate Order) is a separate document signed by your physician and is not the same as a living will.
- •If you do not designate a surrogate, Florida law establishes a priority list (Fla. Stat. § 765.401) starting with a court-appointed guardian, then spouse, then adult children, and so on.
Create Your Healthcare Directive for Florida
Document your medical wishes clearly so your loved ones and doctors know exactly what you want.
Create Your Healthcare DirectiveFrequently Asked Questions About Healthcare Directive in Florida
- Can I change my advance directive in Florida?
- Yes. You can revoke your living will or surrogate designation at any time by signing a written revocation, physically destroying the document, or verbally expressing your intent to revoke to your healthcare provider.
- Does my Florida advance directive work in other states?
- Most states honor out-of-state directives, but requirements vary. If you spend significant time in another state, consider having directives that meet that state's requirements as well.
- What if my family disagrees with my surrogate's decisions?
- Your designated health care surrogate has legal authority to make decisions on your behalf. Family members can petition the court to challenge the surrogate's decisions, but the surrogate's authority generally takes precedence when properly designated.