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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]
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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.
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:
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]
The person you name as surrogate may not witness the document that designates them, and at least one witness must be neither your spouse nor a blood relative (Fla. Stat. § 765.202(2)).[5]
Under Fla. Stat. § 765.302(1), any competent adult may make a living will at any time.[1]
If you have no advance directive and no surrogate is available, Florida law hands decisions in order to a court-appointed guardian, your spouse, an adult child (by majority), a parent, an adult sibling (by majority), an adult relative who has shown special care, a close friend, and then a qualifying clinical social worker (Fla. Stat. § 765.401(1)).[4]
Under Fla. Stat. § 765.104, a competent principal may amend or revoke an advance directive at any time by a signed and dated writing, by physically canceling or destroying it, by an oral expression of intent, or by a later, materially different directive. The change takes effect once it is communicated to the surrogate, provider or facility.[3]
| 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) | |
The screenshots under each step show the FormsPal Florida living will template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
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.
Your surrogate may make all health care decisions while you are unable to, consult your providers, access your health information and apply for public benefits on your behalf (Fla. Stat. § 765.205(1)). You may also name an alternate surrogate, who serves if your first choice is unwilling, unable or unavailable (Fla. Stat. § 765.202(3)).[6]
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.
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.
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.
Unless noted otherwise, the sources below are from the Fla. Stat..
