What Is a Living Will?

A living will is a written legal document that states your wishes regarding life-prolonging medical treatment if you become terminally ill, have an end-stage condition, or are in a persistent vegetative state and cannot communicate your decisions. In Florida, living wills are governed by Florida Statutes Chapter 765 (the Florida Life-Prolonging Procedure Act).

A living will does not address everyday medical decisions. It applies only to specific end-of-life situations where you are unable to speak for yourself. It is one of the most important documents in any estate plan, and every adult in Florida should have one.

What Does a Living Will Cover?

A Florida living will typically addresses your wishes about:

  • Life-prolonging procedures: Ventilators, respirators, dialysis, and other mechanical interventions
  • Artificial nutrition and hydration: Feeding tubes and IV fluids
  • Cardiopulmonary resuscitation (CPR): Whether to attempt resuscitation
  • Comfort care and pain management: Instructions to provide maximum comfort even if it shortens life
  • Organ and tissue donation: Whether you wish to donate organs
  • Anatomical gifts: Donation of your body for medical research or education

When Does a Living Will Take Effect?

A living will is activated only when all three conditions are met:

  1. You have a terminal condition, end-stage condition, or are in a persistent vegetative state
  2. You are unable to communicate your medical decisions
  3. Your attending physician confirms the diagnosis in writing

Until all three conditions are met, the living will has no effect. Your regular medical care continues to be guided by your own decisions or, if you are temporarily incapacitated, by your healthcare surrogate.

Living Will vs. Healthcare Surrogate

These two documents work together:

  • A living will provides written instructions about what treatments you want or do not want
  • A healthcare surrogate designation names a person to make decisions on your behalf

Your surrogate uses your living will as a guide. When a situation arises that your living will does not specifically address, your surrogate makes the decision using their knowledge of your values and preferences. Having both documents ensures your wishes are known and someone you trust is authorized to carry them out.

Living Will vs. Last Will and Testament

Despite the similar names, these are entirely different documents:

  • A living will addresses your medical care while you are alive but incapacitated
  • A last will and testament addresses the distribution of your property after you die

Both are essential, but they serve different purposes. Learn more about wills: What's the Difference Between a Will and a Trust?

Requirements for a Valid Living Will in Florida

Under Florida Statutes Section 765.302, a valid living will must:

  • Be in writing
  • Be signed by the principal (or by another person at the principal's direction if physically unable)
  • Be witnessed by two adult witnesses, at least one of whom is not a spouse or blood relative
  • Be notarized

This is different from a healthcare surrogate designation, which does not require notarization in Florida.

Do Not Resuscitate Order (DNRO)

A Do Not Resuscitate Order is a separate document signed by your physician that instructs emergency medical personnel not to perform CPR. A DNRO is different from a living will in important ways:

  • A living will applies only in specific end-of-life situations. A DNRO applies in any cardiac or respiratory arrest.
  • A living will is prepared by the patient. A DNRO is a medical order signed by the physician.
  • Emergency responders (EMTs, paramedics) are required to follow a DNRO. They may not be able to access or interpret a living will during an emergency.

If you have strong feelings about resuscitation, discuss both a living will and a DNRO with your physician and your estate planning attorney.

How to Revoke a Living Will

You can revoke your living will at any time by:

  • Physically destroying the document
  • Signing a written revocation
  • Making a verbal revocation in the presence of two witnesses
  • Creating a new living will (which supersedes the old one)

Always notify your healthcare surrogate, physician, and any facility that has a copy on file.

Frequently Asked Questions

What is a living will in Florida?

A living will states your wishes regarding life-prolonging medical treatment if you are terminally ill, in an end-stage condition, or in a persistent vegetative state and cannot communicate. It is governed by Florida Statutes Chapter 765.

What is the difference between a living will and a regular will?

A living will addresses your medical care while you are alive but incapacitated. A regular will addresses property distribution after death. They serve completely different purposes.

Does a living will need to be notarized in Florida?

Yes. Under F.S. 765.302, a living will must be signed by the principal, witnessed by two adults, and notarized.

Can a living will be revoked?

Yes, at any time. You can destroy the document, sign a written revocation, or make a verbal revocation in front of two witnesses.

Ready to put your healthcare wishes in writing? Contact Barnes Walker for estate planning guidance.

Disclaimer: This information is for general educational purposes and should not be construed as legal advice. Healthcare directives should be tailored to your individual circumstances. Contact one of our Florida attorneys for personalized guidance.