A living will, not to be confused with a will, is a legal document that allows you to specify your treatment preferences on end-of-life health care issues. This document is legally binding and provides instructions that your health care providers will look to if you are seriously ill or injured.

A last will and testament (a “will”) is an important estate planning document that you use to provide for the distribution of your assets after your death. You can also use a will to name guardians for minor children.

You cannot use a will to specify your health care preferences or end-of-life treatment choices. If you want to make sure that your doctors and family follow your health care wishes, you need to create a health care directive and living will to make your choices clear.

According to chapter 765 of the Florida statutes, there are a few legal requirements your Florida health care directive and living will must satisfy:

• You must be a competent adult
• The health care directive and living will must be in writing
• You must sign the health care directive and living will
• There must be two witnesses to your signature who also sign.

Note that at least one of the witnesses must not be a spouse or a blood relative.

Yes. In Florida, a health care directive and living will created in another state is valid if it complies with the laws of that state or with Florida’s laws.

However, if you have just gone through an interstate move, it is a good time to review your estate plan. This can help you to make sure it is current, correctly reflects your wishes, and complies with state law. With FindLaw, you can create a health care directive and living will that’s customized to Florida law in less than an hour from the comfort of home.

A health care directive and living will does not become effective just because you are hospitalized or go through a medical emergency. It only becomes operative In the event that you:

• Have a terminal condition
• Have an end-stage condition; or
• Are in a persistent vegetative state

The above conditions are medical diagnoses, which require the expert opinion of a medical doctor. Under Florida law, these diagnoses must be made by your primary physician in addition to at least one other doctor. Both physicians must examine you separately, and they must document and sign these determinations before they withdraw or withhold any life-prolonging procedures.

A divorce does not revoke your entire health care directive and living will in Florida. But if you named your former spouse as your healthcare surrogate, a divorce revokes this provision.

If you would like to keep your former spouse as your healthcare surrogate, you should create a new health care directive and living will to make this clear. If you would like to name a new healthcare surrogate, you will need to create a new health care directive and living will to reflect this change. With FindLaw, you can make unlimited modifications to your health care directive and living will for a year after purchase.

If you would like to change or revoke your health care directive and living will, Florida law allows you to do so by:

• Stating your intention to change or revoke your health care directive and living will verbally or in writing
• Physically destroying your health care directive and living will or directing someone else to destroy it for you
• Creating a new health care directive and living will that revokes your health care directive and living will. You must sign and date this writing.

Whenever you change or revoke a prior health care directive and living will, you should be sure to inform your loved ones and your healthcare surrogate. They should have a copy of your most current advanced directives so they can provide them to your medical team if necessary.

Remember that when you create a health care directive and living will with FindLaw, you can make as many changes as needed for a full year after purchase.