When it comes to end-of-life planning, one of the most important decisions you will make is creating a Living Will. In Florida, this document allows you to outline your medical preferences if you are unable to speak for yourself. Not all Living Wills are the same, however, and the best option depends on your values and how much control you want over your medical care.
Below, there is a breakdown of the three main types of Living Wills in Florida, explaining how they work, and answering frequent questions about what these documents actually do and do not allow.
The Three Types of Living Wills in Florida
1. Florida Statutory Living Will (Standard Form)
Pros:
- Simple and meets all legal requirements under Florida Statutes Chapter 765.
- Recognized and accepted by all medical facilities in Florida.
- Covers the core questions about life-prolonging treatments.
Cons:
- Uses generic language that may not reflect your personal values.
- Offers limited flexibility if you want to address specific situations.
2. Customized Living Will
Pros:
- Allows you to give detailed instructions for specific treatments, such as artificial nutrition, hydration, pain management, and organ donation.
- Reduces confusion by avoiding vague terms.
- Offers a balance between flexibility and legal enforceability.
Cons:
- Requires careful drafting, ideally with the help of an attorney.
- May take longer for medical providers to review if unfamiliar.
3. Living Will that Prolongs Life
Pros:
- Ensures that doctors use all available measures to keep you alive.
- Appeals to those with strong religious, personal, or cultural beliefs about preserving life at all costs.
Cons:
- May extend life even in cases of suffering or no chance of recovery.
- Can increase medical costs and place emotional strain on loved ones.
Which Living Will Is Right for You?
- Prefer simplicity and universal recognition? → Florida Statutory Living Will
- Want detailed control? → Customized Living Will
- Want all possible medical intervention? → Life-Prolonging Living Will
For most Floridians, a customized Living Will provides the best balance—allowing you to state your wishes clearly while ensuring your healthcare providers and family know exactly what you want.
Common Misconception: Does a Florida Living Will Allow Doctors to End Life?
No. A Florida Living Will does not permit euthanasia or assisted suicide, both of which are illegal in Florida. Instead, a Living Will ensures that you decide whether certain treatments should be withheld or continued if you are:
- Incapacitated, and
- Diagnosed with a terminal condition, end-stage condition, or persistent vegetative state, and
- Two physicians may certify this diagnosis in writing.
Key Takeaways:
- Doctors cannot “kill you.” They can only follow your documented wishes.
- Your Living Will applies only in very limited circumstances under Florida Statutes § 765.304.
- Decisions about withdrawing life-prolonging treatment may require two physicians’ confirmation, i.e., the statute, as written, does not mandate a second physician’s review or signature to confirm the patient’s conditions or wishes before implementing a living will; however, a second physician’s opinion might become relevant in cases of disagreement under Florida Statutes § 765.105, which deals with disputed decisions.
Florida Requirements for a Valid Living Will
To be legally valid, a Florida Living Will must:
- Be signed by you.
- Be witnessed by two people, one of whom is not your spouse or blood relative.
Additional Planning Steps
- Designate a Healthcare Surrogate
Choose someone you trust to make decisions when you cannot. - Communicate Your Wishes
Discuss your preferences with family and physicians to reduce conflict. - Provide Copies
Share your Living Will with your surrogate, doctor, and close family. - Consider a DNRO (Do Not Resuscitate Order)
If you do not want CPR, you need a DNRO signed by a doctor and printed on yellow paper (required in Florida). - Review and Update
Revisit your Living Will regularly, especially after health changes.
Final Thought
A Florida Living Will is not about surrendering control, it is about exercising control. By documenting your wishes clearly, you ensure that your medical care reflects your values, relieves your family from guessing, and helps doctors honor your choices.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you are creating or updating your estate plan in Florida, consider including a Living Will. The law firm of CASERTA & SPIRITI in Miami Lakes can help you draft one that complements your legal documents while reflecting your unique voice, perspective, and values.