Florida Living Will Requirements
Based on Florida Statutes Chapter 765
Quick Summary
- Document type: Living Will
- 2 witnesses required
- Notarization not required
Witness Requirements
Florida requires 2 witnesses who are present when you sign your living will. Witnesses have the following restrictions:
Witness restrictions:
- At least one of the two witnesses must be neither the principal's spouse nor a blood relative
- The person designated as health care surrogate cannot act as a witness to the surrogate designation
When Your Living Will Takes Effect
Your Florida living will becomes effective when the following conditions are met:
Terminal Illness
A condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.
Persistent Vegetative State
A permanent and irreversible condition of unconsciousness in which there is the absence of voluntary action or cognitive behavior of any kind, and an inability to communicate or interact purposefully with the environment.
Irreversible Condition
An irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective. (Florida uses the term "end-stage condition.")
Important Notes for Florida
- Florida follows Florida Statutes Chapter 765 — Health Care Advance Directives
- Florida uses three triggering conditions: terminal condition, end-stage condition, and persistent vegetative state
- The term "end-stage condition" is Florida-specific, functionally similar to "irreversible condition"
- The living will and health care surrogate designation are separate documents in Florida
- A living will establishes a rebuttable presumption of clear and convincing evidence of the principal's wishes
- Notarization is optional and cannot substitute for the two-witness requirement
- If the principal is physically unable to sign, a witness may subscribe the signature at the principal's direction
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.