The Short Answer
A living will is your written statement about end-of-life medical care, specifically, whether you want life-prolonging procedures if you are terminally ill, in an end-stage condition, or permanently unconscious. It is not about property; it is purely your voice on treatment, recorded so your doctors and family know your wishes when you cannot speak. It is one of Florida’s advance directives, and it works best alongside a health care surrogate.
Living Will vs. Surrogate vs. DNR
These three get confused constantly, so here is the difference:
- Living will = your wishes about life-prolonging care at the end of life. A document.
- Health care surrogate (also called a medical power of attorney) = a person you name to make medical decisions whenever you cannot.
- DNR = a narrow medical order, signed with your physician, not to attempt CPR.
The living will guides; the surrogate acts; the DNR is an immediate instruction to responders. Most people should have the living will and a surrogate; a DNR is a decision to make with your doctor.
Living Will vs. Living Trust: Not the Same Thing
The names sound alike and people mix them up constantly, but they could not be more different. A living will is a medical document about your end-of-life care. A living trust is an estate-planning tool that holds your property and keeps it out of probate. One is about your body; the other is about your assets. If what you actually want is to avoid probate and pass your home and accounts to your family, you are looking for a revocable living trust, not a living will (and a plain will is a third, separate thing). If you want your medical wishes on record, you are in the right place.
What You Can Decide
A Florida living will lets you say whether life-prolonging procedures should be withheld or withdrawn if you are terminally ill, end-stage, or permanently unconscious, and that can include artificial nutrition and hydration if you so choose. You can be as specific as you like, and you can name someone to interpret your wishes. It only takes effect in those defined end-of-life situations, never for ordinary medical care.
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Book your free consultSigning It Right
A Florida living will must be signed in front of two witnesses, at least one of whom is not your spouse or a blood relative. That witnessing rule is exactly where do-it-yourself forms fail, leaving the document unenforceable at the worst possible moment. We make sure yours is executed so a hospital will honor it, and you can revoke or change it any time. See the full advance-directive set →
Frequently Asked Questions
What Is a Living Will in Florida?
A living will is your written statement about the medical care you do or do not want at the end of life, specifically whether you want life-prolonging procedures if you are terminally ill, in an end-stage condition, or in a persistent vegetative state. It is not about your money or your property; it is purely your voice on end-of-life treatment, so doctors and family know your wishes when you cannot speak. It is one of Florida’s recognized advance directives.
Is a Living Will the Same as a Health Care Surrogate?
No, and you generally want both. A living will states your wishes about end-of-life care. A health care surrogate names a person to make medical decisions for you across any situation where you cannot. The living will speaks for you about a narrow but crucial set of end-of-life choices; the surrogate is a real person who can respond to everything else that comes up. Having both means your wishes are recorded and someone you trust can carry them out.
Is a Living Will the Same as a DNR?
No. A living will is your broad written statement of wishes, and it guides decisions about life-prolonging procedures if you reach a terminal or end-stage condition. A DNR (Do Not Resuscitate Order) is a narrow, immediate medical order, signed with your physician, that tells emergency responders not to attempt CPR. They are related but different documents, and a DNR is a decision to make with your doctor.
What Does a Florida Living Will Let Me Decide?
It lets you say whether life-prolonging procedures should be withheld or withdrawn if you are terminally ill, end-stage, or permanently unconscious, and that can include artificial nutrition and hydration if you choose. You can make it as specific as you like, and you can also name a person to interpret your wishes. It only takes effect in those defined end-of-life situations, not for everyday medical care, which your surrogate handles.
How Is a Living Will Signed in Florida?
It must be signed by you in front of two witnesses, and at least one witness cannot be your spouse or a blood relative. That witnessing rule is exactly where do-it-yourself forms go wrong, leaving the document unenforceable when it matters most. We make sure yours is executed correctly so a hospital will honor it.
Can I Change or Revoke My Living Will?
Yes, any time. You can revoke or change a living will by a signed writing, by destroying it, or even by clearly expressing a different wish, regardless of your physical condition. Because your views can change, it is worth revisiting your living will periodically, and we make updates simple.
How Much Does a Florida Living Will Cost?
We prepare a living will as part of a complete advance-directive set, the living will, health care surrogate, and HIPAA authorization, for a flat $350 per person, and it is included at no extra charge in our will-based and trust-based plans. The free 30-minute consult is where we make sure it reflects what you actually want.
Common Situations
The clear wish. A retiree does not want to be kept on machines if there is no hope of recovery. Her living will states exactly that, so when the time comes, her family is spared an agonizing guess and the doctors follow her wishes.
The DIY that failed. A man downloaded a living will and signed it with his wife and son as the only witnesses. Because the rule requires a witness who is not a spouse or blood relative, the document was vulnerable, and the family faced uncertainty a properly signed one would have prevented.
The pair that worked together. A woman has both a living will and a health care surrogate. The living will covers her end-of-life wishes; her surrogate handles every other medical decision. Together they cover the whole picture.
Sources of Law
- Fla. Stat. §765.302 (making a living will; witnessing requirements) and §765.303 (suggested form); ch. 765 generally (health care advance directives). flsenate.gov (retrieved 2026-06-08)
Updated on June 8, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Your directives should reflect your specific wishes. Do not send confidential information until we have agreed to represent you.