Advance directives are the documents that let you decide—while you are healthy and competent—who will make medical decisions for you and what care you want if you cannot speak for yourself. In Florida, advance directives are governed largely by the Health Care Advance Directives Act (Fla. Stat. ch. 765) and, for financial matters, the Florida Power of Attorney Act (Fla. Stat. ch. 709).
This guide explains Florida's health care surrogate designation, living will, durable power of attorney, and DNR order. It is general information, not legal advice; consult a Florida attorney about your situation.
Designation of health care surrogate
A designation of health care surrogate (Fla. Stat. § 765.202) names a trusted person to make medical decisions for you if you cannot make them yourself. The surrogate can consent to or refuse treatment, access your medical records, and speak with your providers. Florida law lets you make the designation effective immediately—even while you still have capacity—if you wish, or only upon your incapacity. The document must be signed in the presence of two witnesses, and the person named as surrogate cannot serve as a witness.
Choosing the right surrogate is one of the most important decisions in any estate plan. Without this document, decisions may fall to a default “health care proxy” under Fla. Stat. § 765.401—a statutory priority list of relatives that may not match your preference—or require a court-appointed guardian.
Living will
A living will (Fla. Stat. § 765.302) states your wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It lets you direct whether you want measures like artificial life support, tube feeding, or hydration continued or withheld in those situations. A living will speaks for you when you cannot, sparing your family the burden of guessing your wishes during a crisis.
A living will and a health care surrogate designation work together: the living will sets out your instructions, and the surrogate carries them out and handles decisions the living will does not specifically address. Florida law provides a suggested form, but the document can be tailored to your beliefs and values.
Durable power of attorney for finances
A durable power of attorney (Fla. Stat. ch. 709) authorizes an agent to manage your financial and legal affairs—paying bills, managing accounts, handling property, and dealing with government benefits. “Durable” means the authority survives your incapacity, which is exactly when it is most needed. Florida's statute has important features: the powers granted must be specifically enumerated in the document, and the power is generally effective when signed. Florida does not recognize a true “springing” power of attorney that activates only upon later incapacity, so the document is active once executed with two witnesses and a notary.
A durable power of attorney is the primary alternative to a court-supervised guardianship (Fla. Stat. ch. 744). Without one, if you lose capacity, your family may have to petition a court to manage your finances—a public, ongoing, and costly process. See how this fits with trusts in our living trusts guide.
Do-not-resuscitate order (DNRO)
A do-not-resuscitate order (DNRO) is a physician's order, printed on Florida's distinctive yellow form (DH Form 1896), that directs emergency medical personnel not to perform cardiopulmonary resuscitation if your heart or breathing stops. Unlike a living will, a DNRO is a medical order signed by your physician and is honored by paramedics and hospitals. It is typically used by patients with serious illness who do not want resuscitation attempted.
Anatomical donation and other directives
Florida law (Fla. Stat. ch. 765, part V) also lets you make an anatomical gift—donating organs and tissue—through your advance directives, your driver's license, or the donor registry. You can include these wishes alongside your other directives so your family and providers know your intentions in advance.
How advance directives fit your estate plan
Advance directives address incapacity, while wills and trusts address death. A complete Florida estate plan covers both: a will (and often a living trust) for your property, plus a health care surrogate, living will, and durable power of attorney for incapacity. Keep these documents accessible and tell your surrogate and agent where to find them. For the full picture, see our overview of estate planning and probate in Florida.
Frequently asked questions
What is the difference between a living will and a health care surrogate?
A living will (Fla. Stat. § 765.302) states your wishes about life-prolonging procedures in terminal or end-stage situations. A health care surrogate designation (Fla. Stat. § 765.202) names a person to make medical decisions for you more broadly. Most people sign both: the living will sets your instructions, and the surrogate carries them out.
Does Florida recognize springing powers of attorney?
No. Under the Florida Power of Attorney Act (Fla. Stat. ch. 709), a power of attorney is generally effective when signed and does not “spring” into effect only upon later incapacity. Powers must also be specifically enumerated. This is a key Florida difference from some other states.
Who decides for me if I have no advance directive?
Florida law provides a default proxy under Fla. Stat. § 765.401—a priority list of relatives (such as a spouse, then adult children, then parents)—to make health care decisions. That person may not be who you would choose. For financial matters with no power of attorney, your family may need a court-appointed guardianship (Fla. Stat. ch. 744).
How do I make my advance directives official?
Florida requires the health care surrogate designation and living will to be signed in the presence of two witnesses, and a durable power of attorney requires two witnesses and a notary. A DNRO must be signed by your physician on the state's yellow form. Keeping originals accessible and giving copies to your surrogate, agent, and doctors ensures they are honored.
Find a Florida estate planning attorney
Advance directives are simple to sign but easy to get wrong—an unwitnessed form, an outdated surrogate, or a power of attorney missing required powers can fail when it matters most. A Florida estate planning attorney can prepare a coordinated set of directives that meet Florida's requirements. This guide is general information, not legal advice—consult a licensed Florida attorney about your circumstances.