Living Wills and Advance Directives in Florida

Any competent adult may make a living will directing that life-prolonging procedures be provided, withheld or withdrawn if they have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It must be signed in the presence of two subscribing witnesses, at least one of whom is neither the spouse nor a blood relative. If the person cannot sign, one witness signs the person's name in their presence and at their direction. The person is responsible for telling their primary physician the living will exists. Florida law provides a suggested living will form; notarization is not required.

Florida calls the agent a "health care surrogate." The designation must be in writing and signed by the principal in the presence of two adult subscribing witnesses (or signed for the principal at their direction in the witnesses' presence). The surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative. An exact copy goes to the surrogate. An alternate surrogate may be named. Florida law provides a suggested designation form; notarization is not required.