Get an Attorney-Approved Florida Health Care Directive and Living Will in No Time
Experienced attorneys have partnered with FindLaw to create health care directive and living will forms customized to Florida law. In Florida, these documents are also known as your health care surrogate designation. In about an hour or less, you can complete our easy, guided process to create your own legal documents ensure your medical wishes are carried out.
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Florida Health Care Directives and Living Wills Without Needing To Leave Home
Your loved ones might not know which treatments to choose or withhold for you if you ever become incapacitated and unable to make medical choices for yourself. In Florida, you can create a health care directive and living will to make your health care and end-of-life treatment decisions clear. This can spare your nearest and dearest from having to guess about your wishes on these difficult decisions.
Florida Living Will Options to Suit Your Needs
Health Care Directive & Living Will
For One Person
A do-it-yourself health care directive & living will that’s easy to personalize.
THE MOST COMPREHENSIVE PACKAGE FOR LESS
Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
Create your health care directive & living will in under an hour.
Answer Some Questions
Decide who will be your health care agent/proxy and which medical treatments you would request or refuse.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Print, Sign & Make It Legal
Print and sign your document according to the instructions. Give a copy to your doctors and agent/proxy.
What’s Next To Make My Florida Health Care Directive and Living Will Valid?
Follow these steps to validate your Florida health care directive and living will: See full process
Make decisions about your treatment options.
A health care directive and living will is a type of legal document called an advanced directive. You can use a health care directive and living will to specify your choices about whether you would want to receive life-prolonging treatments if you have a terminal condition. These choices would go into effect in the event that you are diagnosed with a terminal illness or are in a vegetative state. If you are unsure about these difficult choices, you should discuss them with your health care provider and trusted loved ones before committing to them.
Choose your health care surrogate.
In Florida, you have the option of designating a trusted person as a health care surrogate. The health care surrogate’s duty is to make sure that your doctors carry out the terms of your health care directive and living will. Also called a health care proxy or health agent, this is a person you choose to oversee your medical care in accordance with your living will. You should choose a surrogate who knows you well, and who is willing to take on this difficult task. It is a good idea to name an alternate surrogate who can take on this role if your first choice is unable.
Sign your health care directive and living will.
You must sign your health care directive and living will or direct a witness to sign it for you. There should be two witnesses present at the time of signing. They should sign the health care directive and living will too. At least one of your witnesses should not be your spouse or a blood relative.
Distribute your health care directive and living will.
After you have completed and signed your health care directive and living will, don’t forget to distribute it to the right people. You should provide a copy to your close family members and your health care proxy (if you have one). Further, there are online registries that will store your health care directive and living will for you. Through these services, your medical team can access your health care directive and living will in the case of an emergency.
Update your health care directive and living will.
As a rule of thumb, it’s a good idea to review your health care directive and living will every few years at a minimum. You should also take a fresh look at your health care directive and living will any time you go through major changes in your life. If you get divorced, get a new medical diagnosis, move state, or simply change your mind, you should consider revising your estate plan. This includes your health care directive and living will.
You May Want to Speak With a Lawyer if:
- Your family disagrees with your medical choices
- You don’t know who to appoint as your agent
- You have questions about life prolonging measures
- You want legal review of your completed document
Ready to get started on Your Florida healthcare directive & living will? It’s free to start.Create My Form
Florida Health Care Directive and Living Will FAQs
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.
Complex Family Situation? Need Additional Guidance?
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