Florida Living Will

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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This Florida Living Will allows you to direct the withholding or withdrawal of life-prolonging procedures, or to provide for these procedures, in the event you become terminally ill or incapacitated.

Use this form if:
  • You are at least 18 years of age.
  • You reside in Florida.

This is what you will receive:
  1. Information, Instructions and Florida Statutory References for the Living Will
  2. A lawyer-prepared Florida Living Will Form.

Florida Living Will

Product Details

Product Florida Living Will
Country United States
Pages 4
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Living Wills
Product number #19240
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

Living Will FAQ

What is a Living Will?

A Living Will is a legal document that explains your wishes for your medical care in extreme and specific circumstances. Though it is called a “will,” it is only similar to a standard will in that it explains what you want to happen while you are unable to explain your own wishes. However, a Living Will can still be used while you are alive – hence the name – but will be employed only when you are mentally/physically incapable of expressing your wishes yourself.

Essentially, a Living Will is a legal document that tells your doctors and family how to handle your medical care in situations where you cannot express those wishes yourself. It is separate from a Durable Power of Attorney for Health Care in that it lays out your wishes and a Durable Power of Attorney for Health Care appoints someone to make your medical decisions on your behalf.

Why would I need a Living Will?

A Living Will is crucial to use if you have specific wishes on how you want to be treated in certain situations – for example, if you are mentally incapacitated in an accident. If you want to continue to receive life-saving treatment, you can establish this in your Living Will and ensure that this is the treatment you receive. Without a Living Will, the decision may pass to someone else,and they may make the decision you did not want to have made.

What kind of information can I put in a Living Will?

Generally, the Living Will will address life-prolonging health care you receive while you’re incapacitated. You are known as the “declarant,” which means you’re simply declaring your wishes regarding this type of medical care. You will typically need to address what you want in the cases of highly specific issues; this means you’ll likely go through a few of these issues hypothetically and write down your wishes should these scenarios ever arise. Information such as who you want to make decision for you are left to other documents and can be handled with a comprehensive Advance Health Care Directive (see next question).

What is an Advance Health Care Directive?

An Advance Health Care Directive is essentially a comprehensive plan you have for situations that would call for Living Wills, but is slightly more comprehensive than a Living Will because it will also include the naming of a proxy that can make your decisions for you. In this situation, the Living Will is then used as a guideline for your wishes (to be carried out by the person granted your Health Care Power of Attorney), but not necessarily the final word in any particular decision made about your health care.

Technically, a Living Will is a type of Advance Health Care Directive, which simply refers to any arrangements you make in advance of health care issues like those presented here.

If I have a Living Will, do I still need a Will?

Yes, because a Will addresses completely separate issues from that of a Living Will. While both documents address difficult scenarios to think about, they are completely separate scenarios as well. In the Will, you make arrangements for what will happen to your property after your passing. In the Living Will, you make arrangements for how you want your body cared for while you’re still alive – with the possibility of recovering or not.

Is a Living Will similar to a Living Trust?

Though they might sound the same, in reality the two different arrangements have little to do with each other. A Living Trust is an arrangement that you can set up in order to transfer property upon your death while a Living Will is an arrangement in which you address your medical issues while still alive.

What kind of events might necessitate reviewing my Living Will?

Though the Living Will generally won’t require many changes over the years (except the changes you personally want to make), it’s important to remember that an Advance Health Care Directive such as a Living Will might depend on a durable power of attorney for health care that you wanted to appoint to a spouse that you are no longer married to. This is why it’s important to review these documents after a divorce, as well as regularly revisit them from time to time to ensure that they match your wishes.

What’s the difference between a Living Will and Durable Power of Attorney for Health Care?

The Living Will establishes your wishes; the Durable Power of Attorney for Health Care establishes who will make the decisions on your behalf while you’re still alive, albeit incapacitated. In essence, the Living Will allows you to make your own decisions and the Durable Power of Attorney for Health Care appoints someone else to make them for you. Both can be useful to have, however, simply because you may not have thought of every possible scenario in your Living Will.

When is a Living Will enforceable?

A Living Will is enforceable only when it is legally crafted (according to the laws in your state), signed, and when the circumstances that the Living Will describes actually come to pass. Otherwise, your medical decisions will all be handled normally. Also, it is important to remember that if you appoint someone with Durable Power of Attorney for Health Care, they may be able to make the final decisions about your health care.

What are the requirements for a Living Will to be valid?

The Living Will should conform to all local and state laws and should address issues that will actually arise in the event of a medical emergency or specific condition.

When is a Living Will effective?

A Living Will’s effectiveness depends on whether or not it is valid (see question above) and whether the situations described in the Living Will actually come to pass. If not, you will simply continue to live your life the way you usually have, making your own medical decisions along the way.

Is This Form Right For You?

Use This Form If:

  • Individuals who wish to ensure their healthcare preferences are honored in the event of a terminal illness may find this form essential. By completing a Florida Living Will, they can specify whether they want to receive life-prolonging treatments or not, providing peace of mind for themselves and their loved ones.
  • Situations requiring clarity in medical decision-making often arise when a person is incapacitated. This form allows individuals to communicate their wishes regarding medical treatment, alleviating the burden on family members who might otherwise face difficult choices without guidance.
  • For those planning their estate or healthcare directives, a Florida Living Will is a crucial document. It not only outlines their wishes regarding end-of-life care but also serves as a legal instrument that can prevent potential disputes among family members about treatment options.
  • In cases where individuals have specific religious or personal beliefs about medical interventions, this form provides a means to express those views legally. By articulating their preferences in a Living Will, they can ensure that their values are respected in healthcare settings.
  • People who are undergoing significant health changes or facing chronic illnesses may want to prepare for future medical scenarios. A Florida Living Will enables them to proactively communicate their treatment preferences, ensuring that their healthcare aligns with their personal values and desires.

Do Not Use If:

  • – This form is not appropriate for individuals who are not yet 18 years old, as Florida law requires that the person creating a Living Will be of legal age. Without meeting this age requirement, the document will not be valid.
  • – If someone is not a resident of Florida, they should not use this form as it is specifically designed to comply with Florida laws. Non-residents may need to consult their own state's regulations regarding Living Wills.
  • – Individuals who are currently capable of making their own healthcare decisions may not need a Living Will. This document is intended for those who wish to prepare for potential future incapacity.
  • – For those who have not discussed their healthcare preferences with family members or healthcare providers, it may be premature to complete a Living Will. Open communication about one's wishes is crucial for the effectiveness of the document.
  • – This form should not be used by individuals who have complex medical conditions requiring detailed and specific instructions that may not be adequately covered by a standard Living Will. In such cases, consulting a legal professional is advisable.

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Product Laws

Living Will Laws - Florida

State Website: www.flsenate.gov/statutes/index.cfm

State Law Reference: Florida Statutes Annotated.

Living Will Form: Living Will (Section 765-303).

Other Directives: An organ donation form is provided as part of the state specific Advance Health Care Directive under the Anatomical Gift Act (Sections 765.510 - 765.546).

Living Will Effective: Two (2) physicians determine in writing that you have a terminal condition, and/or are in a permanent state of unconsciousness and can no longer make your own health care decisions. (Section 765.306).

Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) adult witnesses. At least one (1) of your witnesses must not be related to you by marriage or blood. (Section 765.302).

Advance Health Care Directive: State-specific form is provided by legislature and is referred to as a Living Will. (Section 765.303).

Durable Health Care Power of Attorney: Agent may make all health care decisions regarding principal’s health care during principal’s incapacity, including life-prolonging procedures: any medical procedure, treatment, or intervention which utilizes mechanical or other artificial means to sustain, restore, supplant a spontaneous vital function and serves only to prolong the dying process of a patient in terminal condition. Does not include medication or medical procedure to provide comfort care or to alleviate pain; cannot withhold or withdraw life prolonging procedures from pregnant patient prior to viability. Revocable at any time by principal by (1) signed, dated writing; (2) destruction of declaration; (3) oral expression of intent to revoke; (4) subsequent advance health care directive materially different from the previously executed advance directive; (5) divorce revokes any designation of the former spouse as surrogate. An advance directive executed in another state in compliance with the laws of that state or Florida is validly executed. Health care facility, provider, or other person acting under their direction is not subject to criminal, civil, or professional liability for carrying out health care decision. State-specific form is part of Advance Health Care Directive. (Section 765.203). Follow signature, witness, and notary requirements as noted on form.

Durable Financial Power of Attorney: No state-specific form provided by legislature. See Chapter 5 for legally-valid power of attorney forms to use. (Section 709.08). Follow signature, witness, and notary requirements as noted on form.

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