{"id":372586,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-living-wills-laws.html"},"modified":"2026-05-18T09:31:39","modified_gmt":"2026-05-18T14:31:39","slug":"florida-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-living-wills-laws.html","title":{"rendered":"Florida Living Wills Laws"},"content":{"rendered":"\n
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Florida Living Wills Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last tFlorida living wills are legal documents which communicate your healthcare decisions and end-of-life wishes if you become incapacitated or cannot speak for yourself. To make a valid living will in Florida, it must be signed by a competent adult and two witnesses.ime this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Florida <\/span>living wills<\/span> are legal documents which communicate your healthcare<\/span> decisions<\/span> and end-of-life<\/span> wishes if you become incapacitated or cannot speak for yourself. To make a valid living will<\/span> in Florida, it must be signed by a competent adult<\/span> and two witnesses.<\/p>\n\n <\/div>\n\n\n\n

It\u2019s never easy to make end-of-life<\/span> decisions, but it\u2019s a harsh reality we all must face. Knowing what to expect and the choices you\u2019ll have to make can make the task easier.<\/p>\n

For example, it\u2019s important to know the difference between a will<\/a> and a living will<\/span><\/a>. A will (formally known as a last will and testament<\/span>) is the legal document that communicates how you want your property distributed at your death. It doesn\u2019t take effect until you die. A living will<\/span> communicates how you want your healthcare<\/span> decisions<\/span> made if you become incapacitated<\/a>. This occurs when you become \u201cphysically or mentally unable to communicate a willful and knowing healthcare<\/span> decision<\/span>.\u201d<\/p>\n

It\u2019s common to confuse the terms \u201cliving will<\/span>\u201d and \u201cadvance directive<\/span>.\u201d An advance directive<\/span> is an umbrella term for legal documents that cover living wills<\/span>, designations of healthcare<\/span> surrogates<\/span> (also known as healthcare<\/span> proxies), and organ donation directives.<\/p>\n

A living will<\/span> provides healthcare<\/span> instructions but doesn\u2019t appoint a decision maker, while a designation of <\/span>healthcare<\/span> surrogate<\/span> names a decision maker but doesn\u2019t provide healthcare<\/span> instructions. Together, these two legal documents provide thorough incapacity<\/span> planning for your medical decisions<\/span>.<\/p>\n

Legal Requirements for a Living Will<\/span> in Florida<\/h2>\n

The key requirements for making a valid living will<\/span> in Florida are set out in the Florida Statutes<\/span><\/a>. The person making the living will<\/span> is known as the \u201cprincipal.\u201d For a living will<\/span> to be valid, the following must apply:<\/p>\n