Family Planning

Florida Living Wills and Health Care Surrogates in Plain English

By Florida Family Coverage

Most families plan for the cost of a funeral, but many never put their health care wishes in writing. In Florida, two simple forms can spare your loved ones confusion and hard decisions during an already difficult time.

1. Living will

A living will tells your doctors and family your wishes about life-prolonging treatment if you are not able to speak for yourself. Florida law says a living will must be signed in front of two witnesses, and one of them must be neither your spouse nor a blood relative (Fla. Stat. 765.302).

2. Designation of health care surrogate

This form names the person you trust to make health care decisions for you if you cannot. Florida law says you sign it in front of two adult witnesses. The person you name as surrogate cannot be a witness, and at least one witness must be neither your spouse nor a blood relative. Your surrogate should get an exact copy (Fla. Stat. 765.202). Florida law also includes a suggested form for this designation (Fla. Stat. 765.203).

Where to get the free forms

The Florida Agency for Health Care Administration offers free copies of the Living Will, the Designation of Health Care Surrogate, a version for minors, a donor form and a wallet card on its Advance Directives page. We also link to them on our Free Resources page.

What about a will?

A last will is different. It says who receives your property. Florida requires you to sign at the end of the will in front of at least two witnesses, who also sign in front of you and each other (Fla. Stat. 732.502). For a will, talk with a Florida attorney. The Florida Bar Lawyer Referral Service can help at 800-342-8011 (The Florida Bar).

Simple next steps

• Talk with the person you want as your surrogate before you name them.
• Give copies to your surrogate, your doctor and a family member.
• Keep the original where your family can find it, and note it on our free Emergency Contacts & Important Papers sheet.
• Review your forms after big life changes.

We are not attorneys, and this article is not legal advice. Florida Family Coverage does not prepare legal documents. For questions about your own situation, talk with a licensed Florida attorney. Sources: Fla. Stat. 765.302, Fla. Stat. 765.202, Fla. Stat. 732.502, FloridaHealthFinder (AHCA), The Florida Bar.

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