Florida Advance Directives: Living Will and Surrogate

Last updated September 9, 2026

Not sure which directives fit your situation? A free role check points you to the next step.

What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Florida court for guardianship, which is slow, public, and costly.

The core Florida documents

Durable power of attorney (§709)

Authorizes an agent to handle your finances and property if you can't. In Florida a power of attorney is effective when signed (Florida does not recognize “springing” POAs), and the powers must be carefully drafted — so who you name, and what you grant, matters.

Designation of health care surrogate (§765.202)

Names a person to make medical decisions for you and access your health information when you can't. You can make it effective immediately or only upon incapacity.

Living will (§765.302)

States your wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition, or a persistent vegetative state — so your surrogate and doctors know what you want.

Pre-need guardian & HIPAA authorization

A pre-need guardian designation names who a court should appoint if guardianship ever becomes necessary, and a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why many plans include these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Florida

Which directives fit your situation, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can point you to the next step, and a Florida attorney can prepare directives that fit you.

The guardianship you’re avoiding

The reason these documents matter is what happens without them. If you become incapacitated with no durable power of attorney and no health care surrogate, your family may have to ask a Florida court to appoint a guardian — a slow, public, and costly process that puts a judge, not the people you’d choose, in charge of your finances and care. The incapacity documents are what keep your family out of guardianship court.

Go deeper on each

For the financial side, see the Florida durable power of attorney (and why Florida has no “springing” POA). For the medical side, compare the living will vs. the health care surrogate. A complete plan uses both alongside your will or trust.

Frequently asked questions

What advance directives do I need in Florida?

Most Florida plans include a durable power of attorney (finances), a designation of health care surrogate (medical decisions), and a living will (end-of-life wishes); many add a pre-need guardian designation and HIPAA authorization. Which you need depends on your situation — a Florida attorney can advise. General information, not legal advice.

Does Florida recognize a springing power of attorney?

No. Since 2011, Florida powers of attorney are generally effective when signed, not "springing" upon later incapacity. That makes whom you name and what powers you grant especially important — a Florida attorney can draft it properly.

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

A health care surrogate is the person you name to make medical decisions for you; a living will states your own wishes about life-prolonging procedures in specific end-of-life situations. They work together.

Do I still need a power of attorney if I have a revocable living trust?

Usually yes. A trust only governs assets transferred into it and never makes medical decisions; a durable power of attorney covers finances outside the trust and a health care surrogate covers medical choices. Most plans use all of them.

General information about Florida law, not legal advice.

Florida Powers of Attorney & Advance Directives