Living Will in Florida
A living will lets you state, in writing, which life-prolonging treatments you want or don’t want if you’re ever terminally ill, in an end-stage condition, or in a persistent vegetative state and unable to speak for yourself. It’s your voice when you can’t use it, so your family isn’t left guessing during an already devastating moment. Our attorney drafts living wills for Doral and greater Miami-area families, built to meet the requirements of Florida Statutes Chapter 765.
Free consultation • Licensed by The Florida Bar • No obligation
- States your own wishes about life-prolonging treatment
- Applies to terminal illness, end-stage conditions, or permanent unconsciousness
- Reduces guesswork and conflict for your loved ones
- Drafted to meet Florida's Chapter 765 requirements
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What Happens If You Don't Have One
Without a living will, doctors and family members are left making critical end-of-life decisions with no clear guidance from you. That uncertainty often plays out during an emotional crisis, and it can create real conflict between family members who disagree about what you would have wanted.
Living Will vs. Health Care Surrogate Designation
These two documents work together, but they’re not the same thing.
Living will
States your own wishes directly, specifically about life-prolonging treatment in a terminal, end-stage, or permanent unconscious condition.
Health care surrogate designation
Names a person to make broader medical decisions on your behalf, for situations a living will doesn’t specifically address.
Most complete estate plans include both, since a surrogate can act on your behalf across situations your living will doesn’t cover.
What Your Living Will Can Address
- Life-sustaining procedures such as ventilators and feeding tubes
- Artificial nutrition and hydration
- Pain management and comfort care
- Terminal illness, end-stage conditions, or permanent unconsciousness
Your living will only applies in these specific medical situations, not as a general instruction for everyday care.
How to Execute a Valid Living Will in Florida
To be valid under Florida Statutes Chapter 765, your living will must be:
01
Signed by you, as principal, while you’re a competent adult
02
Signed in front of two witnesses
03
At least one witness who isn’t your spouse or blood relative
Unlike a will, trust, or power of attorney, Florida doesn’t require your living will to be notarized, only properly witnessed. One thing worth knowing: a living will isn’t a medical order. If paramedics respond to an emergency, they’re generally required to resuscitate you unless you have a separate, doctor-signed DNRO form on file.
Making Sure Your Living Will Actually Gets Used
A properly executed living will only works if the right people know it exists. We help clients make sure copies reach:
- Your named health care surrogate
- Your primary care physician
- The hospital or facility likely to treat you in an emergency
- Close family members who may be present or consulted during a medical crisis
A living will sitting in a drawer at home doesn’t help anyone during a crisis.
Living Will Services in Doral & South Florida
We help clients throughout Florida with:
- Drafting living wills that comply with Florida law
- Reviewing and updating existing living wills
- Coordinating your living will with your health care surrogate designation and power of attorney
- Ensuring proper execution under Florida law
Why Doral and Miami Families Choose Cardoso Estate Planning Firm
We explain your options in plain language, not legal jargon, so you understand exactly what your living will does and doesn’t cover. We work with clients in both English and Spanish, and every document we draft is coordinated with the rest of your estate plan, not handled as a standalone form.
Frequently Asked Questions
Does a living will need to be notarized in Florida?
No. Florida requires two witnesses, but not notarization, which is different from most other estate planning documents.
Is a living will the same as a health care surrogate designation?
No. A living will states your own wishes about life-prolonging treatment. A health care surrogate designation names a person to make broader medical decisions on your behalf.
Will paramedics follow my living will in an emergency?
Generally, no. Paramedics are typically required to resuscitate you unless you have a separate, doctor-signed DNRO form on file.
Who needs a copy of my living will?
Your health care surrogate, your primary physician, and the hospital or facility likely to treat you in an emergency should all have copies.
Can I change my living will later?
Yes. You can revoke or update it at any time while you’re competent, as long as it’s re-executed properly.
Who can be a witness to my living will?
Any competent adult can witness it, but at least one of your two witnesses can’t be your spouse or a blood relative.
Does Cardoso Estate Planning Firm draft living wills for clients in Doral and Miami?
Yes. Attorney Danielys Cardoso drafts and coordinates living wills for clients across Doral and the greater Miami area, in English or Spanish, as part of a complete estate plan.
Ready to Put a Living Will in Place?
Our attorney works directly with Doral and South Florida clients to build a living will that’s drafted correctly and fits your broader estate plan.
