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Florida living will vs. health care surrogate

People often use "living will" and "health care surrogate" interchangeably, but in Florida they are two different documents under Chapter 765. Understanding the difference — and why most plans include both — helps make sure your medical wishes are actually carried out.

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.

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Create your Florida directive

General 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.