Living Wills & Advance Directives in Lakeland

Florida Living Wills & Health Care Surrogate Designations

Florida Statutes Chapter 765 governs advance directives concerning health care. Although living wills and surrogate designations are often discussed together, they serve distinct legal functions.

Living Wills Under Florida Law

A competent adult may use a living will to direct the provision, withholding, or withdrawal of life-prolonging procedures under qualifying circumstances. These procedures are medical interventions that sustain bodily functions without curing the qualifying condition.

Florida law applies these instructions when a person has a terminal condition, an end-stage condition, or is in a persistent vegetative state. A terminal condition is incurable and expected to result in death despite treatment. An end-stage condition causes severe and permanent deterioration, while a persistent vegetative state involves permanent, irreversible unconsciousness without voluntary action or cognitive communication.

A living will may be a written declaration or a witnessed oral statement. It isn’t a general instruction covering every possible health care decision.

Choosing a Health Care Surrogate

A surrogate designation names a competent adult to make health care decisions, receive health information, or perform both roles as authorized. The person creating the document is known as the principal.

You may name an alternate surrogate if your first choice is unwilling, unable, or not reasonably available. The document may also state whether the surrogate’s authority takes effect immediately or after incapacity is determined.

Signing & Maintaining the Designation

Florida execution requirements for a written health care surrogate designation include:

• The principal signs in the presence of two adult witnesses.
• The designated surrogate doesn’t serve as a witness.
• At least one witness is neither the principal’s spouse nor a blood relative.
• A copy is provided to the designated surrogate.

Unless the document states a termination date, it generally remains effective until the principal revokes it. Consider informing your primary physician about your current directives and making copies accessible to the people who may need them.