Last updated June 27, 2026
Healthcare Directives · 5 min read
What a Florida living will does
A living will (§765.302) records your wishes about life-prolonging procedures — for example, whether you would want to be kept on life support or receive artificial nutrition if you had a terminal condition, an end-stage condition, or were in a persistent vegetative state. It speaks for you about those specific situations.
What a health care surrogate does
A health care surrogate designation (§765.202) names a person to make medical decisions for you when you cannot. Unlike a living will, your surrogate can address any medical decision, not just end-of-life care — responding to situations no document foresaw.
Why you usually need both
A living will cannot anticipate every situation; a surrogate can. Together, the living will gives your surrogate guidance about your values, and the surrogate fills the gaps. That is why a Florida advance directive typically includes both — which is what EstateDraftFL prepares.
Florida execution and a useful extra
Florida advance directives must be signed with the formalities Chapter 765 requires (witnesses), and you can also add a HIPAA authorization so your surrogate can access your medical records. EstateDraftFL tailors your directive to Florida and includes signing instructions; verifying the current requirements is always worthwhile.
Related reading
Florida advance directives
Florida-specific guide — plain language, statute-anchored.
ReadFlorida power of attorney
Florida-specific guide — plain language, statute-anchored.
ReadThe Florida Estate Planning checklist
The core Florida documents and decisions, in plain language — so you can see the whole picture and start with the gaps.
ReadGeneral information about Florida law, not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. EstateDraftFL is software, not a law firm.
Frequently asked questions
Do I need both a living will and a health care surrogate in Florida?
Most people benefit from both. The living will records your treatment wishes; the surrogate can make decisions the document did not anticipate. A Florida advance directive usually combines them.
Does a Florida living will have to be notarized?
A living will must be signed with the witness formalities Florida requires under Chapter 765; notarization is not the core requirement. Confirm the current execution rules when you sign.
General information about Florida law, not legal advice.