Living Will & Advance Directive in Florida — Making Your End-of-Life Wishes Known

One of the most profound decisions you can make for your family is documenting your wishes for end-of-life medical care before a crisis occurs. A Living Will — also called an Advance Directive — gives you control over those decisions and relieves your loved ones of having to make them under the most difficult circumstances.

What Is a Living Will?

A Living Will is a written document that states your wishes regarding life-prolonging medical treatment if you are in a terminal condition, an end-stage condition, or a persistent vegetative state and cannot communicate your own decisions. In Florida, a Living Will is governed by the Health Care Advance Directives Act, Chapter 765 of the Florida Statutes.

What Can a Living Will Address?

• Whether you want life-prolonging procedures continued, withheld, or withdrawn

• Your wishes regarding artificial nutrition and hydration (feeding tubes)

• Pain management and palliative care preferences

• Organ donation

• Any other specific medical wishes you want documented

How Is a Living Will Different From a Healthcare Surrogate?

A Healthcare Surrogate Designation names a person to make medical decisions on your behalf. A Living Will documents your actual medical wishes — the instructions your surrogate and your doctors must follow. They work together: the Living Will tells everyone what you want, and the Healthcare Surrogate ensures your wishes are followed.

Do I Have to Choose No Treatment?

Absolutely not. A Living Will can say whatever you want. You can specify that you want all life-prolonging measures continued under all circumstances. You can specify that you want comfort care only. Or you can specify different wishes for different circumstances. The document is entirely personalized to reflect your values.

Why Should I Create a Living Will Now?

Most people assume this is only a concern for the elderly. But accidents and sudden illnesses happen at any age. If you are incapacitated and have not documented your wishes, your family members may be left to guess — or disagree — about what you would have wanted. A Living Will removes that uncertainty and protects the people you love from having to make an impossible decision without guidance.

Florida Execution Requirements

A Living Will in Florida must be signed in the presence of two witnesses. At least one witness must not be your spouse or a blood relative. The document does not need to be notarized to be valid in Florida.

Ready to Get Started?

Estate planning is one of the most important steps you can take for your family. Attorney Erica Irizarry offers free, confidential consultations for all estate planning matters. Call (813) 509-6075 or complete our online intake form to get started today.

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