A Florida living will states whether you want life prolonging procedures provided, withheld or withdrawn if you have a terminal condition, an end stage condition or are in a persistent vegetative state (section 765.302). You sign it before two adult witnesses, at least one of whom is not your spouse or a blood relative.
Few conversations are harder than deciding whether to continue life support for someone you love. A Florida living will takes much of that burden off your family. It records, in your own words and while you are able, the medical treatment you would or would not want at the end of life.
What a living will is
A living will is a written statement of your wishes about life prolonging medical procedures. It speaks for you if you cannot communicate your decisions. In it, you can say whether you want treatments such as mechanical breathing or artificial feeding to be provided, withheld or withdrawn.
Living wills are part of Florida's advance directive law in chapter 765 of the Florida Statutes, the same chapter that covers the health care surrogate designation.
When a Florida living will applies
A living will does not cover everyday medical decisions. Under section 765.302(1), it directs the providing, withholding or withdrawal of life prolonging procedures if you have one of three conditions, which section 765.101 defines:
- A terminal condition, a condition caused by injury, disease or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.
- An end stage condition, an irreversible condition caused by injury, disease or illness that has resulted in progressively severe and permanent deterioration, and for which treatment would be ineffective.
- A persistent vegetative state, a permanent and irreversible condition of unconsciousness.
The decision about whether one of these conditions exists is not left to family members. Under section 765.306, your primary physician and at least one other consulting physician must separately examine you and document their findings in your medical record before life prolonging procedures are withheld or withdrawn under your directive.
Living will vs last will and testament
The names sound similar, but the documents do very different jobs:
- A living will deals with medical care while you are alive. It has nothing to do with your property.
- A last will and testament takes effect after death. It says who receives your property, who settles your estate and who you would want to care for minor children.
Most people need both. One protects your wishes about your care, and the other protects your wishes about your estate.
Living will vs health care surrogate
These two documents work together. A health care surrogate designation names a person to make medical decisions for you. A living will records your instructions about end of life treatment. When you have both, the person you chose has your written wishes to follow, which makes their role easier and reduces the chance of family disagreement. Without a surrogate, Florida law chooses a decision maker from a statutory list, and a clear living will becomes even more important as guidance for that person.
How a Florida living will is signed
Section 765.302 requires a living will to be signed in front of two subscribing witnesses, and at least one of them may not be your spouse or a blood relative. If you cannot sign, one witness may sign your name in your presence and at your direction. A notary is not required. We arrange qualified witnesses so your living will is valid when it is needed.
Changing or revoking your living will
Your living will is not set in stone. Under section 765.104(1), while you are competent you can amend or revoke it at any time by:
- A signed, dated writing.
- Physically cancelling or destroying the document, or having someone else do so in your presence and at your direction.
- An oral statement of your intent to amend or revoke it.
- Signing a later advance directive that is materially different from the earlier one.
Because an oral revocation is enough, make sure your doctors and your surrogate know about any change of heart, and replace old copies so there is no confusion about which version is current.
What to think about before you sign
A living will is personal. Before your appointment, reflect on what matters most to you about quality of life, comfort and time with family, how you feel about breathing machines and feeding tubes, and whether you want pain relief and comfort care to continue whatever else you decide. Then think about who should know your wishes: your surrogate, your family and your doctors.
How we help
We explain the choices in plain English, prepare a living will that reflects your wishes and supervise the signing. Most clients sign a living will alongside a health care surrogate designation, a durable power of attorney and a will or trust as part of a complete Florida estate plan. You start with a free consultation and there is no obligation.
