How do I create an advance healthcare directive in Florida?
1. Types Recognized
Florida recognizes under Fla. Stat. Ch. 765: (a) Living Will (§ 765.302 — declaration on end-of-life), (b) Designation of Health Care Surrogate (§ 765.202), (c) DNRO (Do Not Resuscitate Order, Form DH 1896), and (d) POLST is not formally codified but is used in pilot programs.
2. Statutory Form
Suggested forms appear at Fla. Stat. §§ 765.303 (Living Will) and 765.203 (Surrogate Designation). Use is optional — substantial compliance suffices.
3. Execution Formalities
Principal must be 18+ (or emancipated) and competent. Sign before TWO subscribing adult witnesses. At least one witness must NOT be the spouse or a blood relative of the principal (§ 765.302(1)). The surrogate cannot also serve as a witness. NO notary required.
4. Healthcare Agent (Surrogate) Authority
Under § 765.205, the surrogate makes all healthcare decisions the principal could make, including consenting to/refusing life-sustaining treatment and artificial nutrition/hydration. The surrogate's authority begins when the attending physician determines the principal lacks capacity, UNLESS the principal expressly grants immediate authority under § 765.204(3).
5. Pregnancy Clauses
Florida does NOT have a statutory pregnancy exclusion overriding a properly executed living will. Post-Dobbs, the position remains unchanged.
6. Reciprocity
Fla. Stat. § 765.112 recognizes advance directives executed in another state in compliance with that state's law or Florida law.
7. POLST/DNRO
The DNRO (Form DH 1896, on yellow paper) is a physician-signed order valid across care settings. Florida has POLST pilots but no statewide statutory POLST.
8. Revocation
Under § 765.104, revocable at any time by: signed/dated writing, physical destruction, oral expression of intent, or a later directive that is materially different.
9. Default Surrogate (Proxy)
Section 765.401 provides a proxy hierarchy when no surrogate is designated: judicially appointed guardian > spouse > adult child (or majority of children) > parent > adult sibling > adult relative > close friend > clinical social worker.
This is legal information, not legal advice.
- Family dispute over surrogate authority or end-of-life decisions
- Coordinating directive with Florida revocable trust and estate plan
- Concerns about facility refusal to honor directive based on conscience clause
- Fla. Stat. Ch. 765 (Health Care Advance Directives)
- Fla. Stat. § 765.401 (proxy hierarchy)
- Fla. Stat. § 765.302 (living will)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.