The Short Answer

In Florida, a living will is a written declaration you can sign while you are a competent adult to direct whether life-prolonging procedures should be provided, withheld, or withdrawn if you later have a qualifying medical condition and cannot speak for yourself. To start, you generally need a written document that is properly signed and witnessed under Florida law, and you should make sure your doctor (and loved ones) are notified that it exists.

What Florida Law Says

Florida law allows any competent adult to create a living will that addresses life-prolonging procedures in the event the person has a terminal condition, an end-stage condition, or is in a persistent vegetative state. The key legal issue is validity: the document must meet Florida’s execution requirements (including witness rules), and it should be communicated to the medical providers who may need to rely on it.

The Statute

The primary law governing this issue is Fla. Stat. § 765.302.

This statute establishes that a Florida living will must be signed by the principal in the presence of two subscribing witnesses (with at least one witness being neither the principal’s spouse nor blood relative), and it places responsibility on the principal to notify their primary physician so the living will can be made part of the medical record.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Formalities: If the witness requirements in Fla. Stat. § 765.302 are not followed, the document may be challenged or not honored when it matters most.
• Burden of Proof: Even with a valid document, disputes can arise about your intent or whether the medical situation fits the conditions described; a properly executed living will helps because it creates a rebuttable presumption of clear and convincing evidence of your wishes. See Fla. Stat. § 765.302(3).
• Exceptions and Real-World Conflicts: Family disagreements, unclear language, or gaps between a living will and other documents (like a health care surrogate designation) can trigger delays and conflict at the hospital—exactly when clarity is critical.

Trying to handle this alone can lead to mistakes that only show up during a medical crisis, when it may be too late to fix them.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.