Florida Living Wills and Healthcare Surrogates: What’s Legally Required?

Estate planning involves preparing for medical situations where you may not be able to make your own decisions. It’s often much more complex than simply inheriting a property. Florida law recognizes living wills and healthcare surrogate designations as essential tools for guiding medical providers and protecting your wishes. At Kelley, Grant, & Tanis, P.A., we help clients create legally valid healthcare documents that provide clarity during difficult times.

What Is a Florida Living Will?

A living will is a written statement that outlines your preferences for end-of-life medical care. It applies if you are unable to communicate and face a terminal condition, end-stage illness, or persistent vegetative state. Florida law requires specific language and proper execution for the document to be valid.

• States your wishes about life-prolonging treatments

• Applies only when you cannot communicate your decisions

• Requires signature and two adult witnesses

• One witness cannot be a spouse or blood relative

• Provides guidance to doctors and hospitals

What Is a Healthcare Surrogate in Florida?

A healthcare surrogate is someone you appoint to make medical decisions for you if you cannot. This person has authority to speak with doctors, review records, and approve or decline treatments on your behalf. Florida law allows you to choose more than one surrogate, including successors.

• Appoints a trusted individual to make medical choices

• Grants authority during incapacity or when directed by you

• Must be designated in a properly executed document

• Can include alternates in case the first surrogate cannot serve

• Ensures medical providers know who has decision-making authority

Why These Documents Are Critical in Florida

Without a living will or surrogate designation, medical providers may default to state law to determine who makes decisions. This can cause conflict among family members and leave your wishes unclear. Having these documents ensures your voice is heard even if you cannot speak.

• Prevents family disputes during medical crises

• Ensures treatment aligns with your values and wishes

• Provides clarity to healthcare providers

• Reduces stress for loved ones making difficult choices

Legal Requirements for a Florida Living Will

Florida law sets out specific requirements for a living will to be valid. Missing any of these steps may result in the document being unenforceable. Working with an attorney ensures compliance and prevents problems during emergencies.

• Must be signed by the individual creating the document

• Requires two adult witnesses present at signing

• One witness cannot be a spouse or blood relative

• Must clearly state preferences for life-prolonging procedures

• Should be shared with doctors and family for accessibility

Legal Requirements for a Florida Healthcare Surrogate

Healthcare surrogate designations also require specific execution steps under Florida law. Courts may not honor a designation if it fails to comply with statutes. Having a properly drafted surrogate designation reduces the risk of disputes.

• Must be in writing and signed by the designator

• Requires two adult witnesses

• Cannot designate someone who is a witness as surrogate

• Can include alternate surrogates in case of unavailability

• Should be shared with medical providers in advance

How These Documents Work Together

Living wills and surrogate designations serve different but complementary roles. A living will outlines your preferences, while a surrogate ensures they are carried out. Together, they provide a strong framework for healthcare decision-making.

• Living will guides end-of-life treatment decisions

• Healthcare surrogate makes broader medical choices

• Combined use ensures clarity and enforceability

• Prevents confusion among family and providers

Working with a Florida Estate Planning Attorney

Drafting healthcare documents without legal help can lead to errors. Generic forms may not meet Florida’s statutory requirements. At Kelley, Grant, & Tanis, P.A., we create living wills and surrogate designations that reflect your wishes and hold up under Florida law.

• Customized drafting to match your preferences

• Compliance with Florida statutory language and witness rules

• Guidance on choosing the right surrogate

• Integration with other estate planning documents

FAQs: Florida Living Wills and Healthcare Surrogates

What is the difference between a living will and a healthcare surrogate?

A living will sets out your personal preferences for end-of-life treatment, such as whether to use life support. A healthcare surrogate, on the other hand, is a person you appoint to make broader medical decisions if you cannot. Together, they cover both specific instructions and general decision-making authority. Having both ensures your healthcare wishes are respected in any situation.

Who can I choose as my healthcare surrogate in Florida?

You can choose any adult you trust to act in your best interests, such as a spouse, family member, or close friend. The person must be capable of making important medical decisions and able to communicate effectively with doctors. Florida law allows you to name alternate surrogates in case your first choice is unavailable. Selecting someone reliable is essential for protecting your healthcare preferences.

Are witnesses required for these documents?

Yes, both living wills and healthcare surrogate designations require two adult witnesses. One of the witnesses cannot be your spouse or a blood relative. This rule prevents potential conflicts of interest and ensures fairness. Witnessing requirements are strictly enforced in Florida, so proper execution is critical to making the documents valid.

Can I change my living will or healthcare surrogate later?

Yes, you can amend or revoke either document at any time while you remain competent. Changes must be made in writing and properly executed with witnesses. Many people update these documents after marriage, divorce, or major health changes. Keeping documents current ensures they reflect your wishes and comply with Florida law.

What happens if I don’t have a living will or healthcare surrogate?

Without these documents, medical providers will turn to Florida’s default laws to determine who makes decisions. This usually places the burden on immediate family members, which can cause disagreements. The absence of clear instructions also leaves doctors uncertain about your preferences. Preparing these documents avoids unnecessary conflict and confusion during medical crises.

Do living wills and healthcare surrogates apply outside Florida?

Not always. While some states may honor Florida documents, others may not. Healthcare providers in another state may hesitate to follow forms they are unfamiliar with. Snowbirds and frequent travelers often prepare state-specific documents to ensure coverage everywhere they live.

How do these documents fit into estate planning?

Living wills and healthcare surrogate designations are key parts of a complete estate plan. They complement wills, trusts, and powers of attorney by addressing medical situations. Without them, your estate plan only covers financial and property matters. Including healthcare documents ensures you are protected both financially and medically.