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Florida Living Wills

Health Care Directives

A Florida Living Will may also be called an Health Care Advance Directive or a Medical Directive.  Under the federal Patient Self Determination Act (PSDA), you have the right to be informed about healthcare choices and make decisions on how you are to be treated including making these medical care decisions in advance.  Florida state statutes gives you the right to create a health care directive.  You can create a valid Living Will that meets the state criteria using LegacyWriter's online questionnaire.

Florida Requirements

Any competent adult may make a Living Will in Florida.  You must have two witnesses to the signing, where at least one of the witnesses is not your spouse nor a blood relative.


A Florida Directive (Living Will) allows you to appoint a health care "surrogate".  If you choose to appoint a surrogate, he or she will be able to make health care decisions for you in the event you become incompetent or incapable of communication.  If a surrogate is unwilling or unable to make decisions for you, your alternate surrogate will be able to make decisions for you (if you appointed an alternate in your directive).

In the event you have not executed an Advanced Directive, are terminally ill, and unable to communicate, decisions regarding your health care can be made by a proxy (assuming you haven't named an Agent in a Health Care Power of Attorney).  The selection of your proxy would be based on the following order (if a category is not applicable, it goes to the next):

  1. A court appointed guardian with health care authority.
  2. Spouse.
  3. Adult children.
  4. Parents.
  5. A personally close adult relative.
  6. A close friend.
  7. A social worker.

Related LegacyWriter Information

Florida Living Will Links

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