Florida Living Will: What It Is and How It Works

Florida advance directive under Fla. Stat. Ch. 765 — end-of-life medical decisions

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A Florida living will (technically called an advance directive under Chapter 765 of the Florida Statutes) is a written declaration that states your medical preferences for end-of-life care if you can no longer communicate them yourself. It addresses life-prolonging procedures — like artificial nutrition, ventilation, and CPR — in specific medical conditions like terminal illness, persistent vegetative state, or end-stage condition.

Florida law makes living wills enforceable when properly executed (Fla. Stat. § 765.302) and includes specific procedural safeguards (Fla. Stat. § 765.304) that physicians must follow before withholding or withdrawing life-prolonging procedures.

Florida Living Will — Frequently Asked Questions

What is a living will in Florida?

A Florida living will is a written declaration under Chapter 765 of the Florida Statutes stating your wishes about life-prolonging medical procedures if you can no longer communicate them. It typically addresses whether you want artificial nutrition and hydration, mechanical ventilation, CPR, and other life-prolonging procedures continued or withdrawn in specific medical conditions: terminal illness, persistent vegetative state, or end-stage condition.

How do you make a living will valid in Florida?

Under Fla. Stat. § 765.302, a Florida living will must be (1) in writing, (2) signed by the declarant in the presence of two adult witnesses, (3) signed by each witness in the presence of the declarant and each other, and (4) at least one witness must not be the declarant’s spouse or blood relative. Notarization is NOT required for a Florida living will (unlike some other estate documents).

What's the difference between a living will and a healthcare surrogate in Florida?

A living will states your wishes about specific end-of-life medical procedures. A healthcare surrogate designation (Fla. Stat. § 765.202) names a person to make broader healthcare decisions for you if you become incapacitated. Most Florida estate plans include both: the living will speaks for you on end-of-life decisions; the healthcare surrogate handles everything else. They work together, not in conflict.

When does a Florida living will take effect?

A Florida living will takes effect only when two physicians (the attending physician plus one other) certify in writing that the declarant has a terminal condition, an end-stage condition, or is in a persistent vegetative state, and that no medical treatment can restore the person to a meaningful quality of life (Fla. Stat. § 765.305). Until that two-physician certification, the living will has no operative effect.

Can I change my mind after signing a Florida living will?

Yes. A living will can be revoked at any time, in any manner, regardless of the declarant’s physical or mental condition (Fla. Stat. § 765.104). You can revoke by signing a new written declaration, destroying the original, orally telling your physician or healthcare surrogate, or by any other action expressing revocation. The most reliable revocation: sign a new written living will that supersedes the prior one.

Does a Florida living will need to be notarized?

No. Florida living wills require two witnesses but NOT notarization (Fla. Stat. § 765.302). This is different from most other Florida estate documents (wills, trusts, durable powers of attorney), which generally require notarization. The witness-only requirement makes living wills relatively easy to execute even on short notice — for example, during a hospital stay.

Can my doctor refuse to follow my Florida living will?

In limited circumstances. Florida law allows a physician to decline to follow a living will if doing so violates the physician’s moral or religious convictions, but the physician must transfer the patient to another physician who will honor the directive (Fla. Stat. § 765.1105). Healthcare facilities have similar transfer obligations. In practice, the vast majority of Florida hospitals and physicians follow properly executed living wills.

What happens if I don't have a Florida living will?

Without a living will, end-of-life decisions default to: (1) your healthcare surrogate if you have one (Fla. Stat. § 765.202), (2) a proxy decision-maker in priority order if no surrogate (spouse, adult children, parents, etc. under Fla. Stat. § 765.401), or (3) a court-appointed guardian. The default proxies must apply the ‘substituted judgment’ standard — making the decision they believe you would have made — but without a written directive, they’re guessing. Living wills exist to remove that guesswork.