Free Florida Living Will Form

A Florida living will is a written document that lets you state in advance whether you want life-prolonging medical treatment if you later become unable to communicate your own wishes. It is sometimes called an advance directive. It covers health care decisions only, and Florida law requires it to be signed by two witnesses.[1]

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Florida law. If you notice an error or outdated information, please contact us.

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If you change your mind later, you can revoke your Florida living will by creating a new one or by telling your health care providers and family that it no longer applies.

Signing Requirements and Laws

When you sign a living will, you state how you want your health care decisions made if you become unable to make or express them yourself. A living will can cover:

  • All consent to medical care, including withdrawing that consent.
  • Decisions about applying for and using benefits that cover the cost of your care.
  • Access to the health records and information needed to make those decisions.

Under Fla. Stat. § 765.303, the declaration takes effect if your primary physician and another consulting physician determine that you have a terminal condition, an end-stage condition, or are in a persistent vegetative state.[2]

A Florida living will is sometimes signed together with a separate designation of health care surrogate, which names someone to make decisions on your behalf. FormsPal’s builder above lets you create both at once. Many Floridians pair this document with a healthcare surrogate designation and instructions about life support, so your medical decisions are covered even if you cannot speak for yourself.

Courts, physicians, and family members can read these terms narrowly, so understand them well before you sign. Florida law requires two witnesses to sign the declaration, and at least one of them cannot be your spouse or a blood relative. If you are physically unable to sign the form yourself, one of the witnesses may sign your name for you, in your presence and at your direction.[1]

Florida Living Will Form Details

Document Name Florida Living Will Form
State Form Name Florida Living Will
Signing Requirements Two Witnesses[1]
Avg. Time to Fill Out 13 minutes
# of Fillable Fields 48
Available Formats Adobe PDF; Microsoft Word
State Laws: Fla. Stat. §§ 765.302[1] and 765.303[2] (see Sources below)

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Steps to Fill Out the Form

This form combines a living will with a Florida medical power of attorney, so work through it in order: state your health care wishes first, then name the agent who will carry them out if you cannot speak for yourself.

  1. Fill in the declaration. On page 2, enter today’s date and your name and address.
    Section for essential information of Florida living will document
  2. Initial your health care and end-of-life care choices. On pages 2 and 3, initial each condition, terminal condition, end-stage condition, or persistent vegetative state, that should put the declaration into effect, then confirm you are emotionally and mentally competent to make these decisions.
    Defining when the will is to be implemented section of a living will for Florida
    Section for defining actions if there can be no recovery of living will form for Florida
    Right state of mind confirmation section of a document of living will for Florida
  3. Add additional instructions (optional). Use the blank lines on page 3 if you want to state any other wishes.
    Other instructions section of living will document for Florida
  4. Name your health care agent. On page 3, name the person who will act as your medical power of attorney agent, along with their address and phone number.
    Surrogate assignation of a Florida living will template
  5. Name a substitute agent. On page 4, name a backup agent to serve if your first choice is unable to.
  6. Review your agent’s powers. Pages 4 through 6 list the specific powers, labeled A through J, that you are giving your agent.
  7. Check when the power of attorney takes effect. Page 6 states that it becomes effective if you are later unable to make your own health care decisions.
  8. Read the remaining provisions. Pages 6 through 8 cover topics such as HIPAA access, what happens if a court appoints a guardian, and how to revoke the document.
  9. Sign and date the form. Provide your signature on page 8, in front of your two witnesses.
    Signing part of a form of Florida living will
  10. Have your witnesses sign. Each witness prints their full name, home address, and phone number, then signs and dates the form on page 8.
    Witnesses signatures part of the Florida living will template

Common Mistakes to Avoid

A few mistakes can keep a Florida living will from working the way you expect. Check for these before you sign, so your health care wishes and your medical power of attorney hold up when your family and physicians need them.

  • Using a generic or another state’s form instead of one written for Florida.
  • Leaving a witness line blank, or using a witness who is disqualified, such as your spouse or a blood relative.[1]
  • Not telling your health care agent, doctor, or family where to find the signed document.
  • Skipping the medical power of attorney section if you want to name a health care agent.

Frequently Asked Questions

Where Can I Get a Florida Living Will Form?

Florida’s living will statute includes a suggested declaration you can use as your own.[2] FormsPal’s builder above walks you through that same declaration, lets you name a health care agent, and produces a completed PDF or Word document you can print, sign, and keep with your medical records.

What Are the Requirements for a Living Will in Florida?

A Florida living will must be signed by the principal in the presence of two subscribing witnesses, and at least one of those witnesses cannot be the principal’s spouse or blood relative. If the principal cannot physically sign, a witness may sign the principal’s name in the principal’s presence and at the principal’s direction.[1] Florida law also provides a suggested form you can adapt for your own declaration.[2]

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Fla. Stat..

  1. Fla. Stat. § 765.302.
  2. Fla. Stat. § 765.303.

Published: Jun 2, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.