Florida living will vs. health care surrogate

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.

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.