What is the Florida Statutory Living Will?

The Florida Statutory Living Will is a legal document used in the state of Florida that allows one person to provide directions for carrying out their wishes regarding their health care should they become incapacitated and cannot make decisions for themself. This generally involves a person directing that life-prolonging care be withheld in the event that they are suffering from a terminal condition. In this sense, it can be likened to a Do-Not-Resuscitate order.

A Statutory Living Will in Florida is a type of will document that specifically concerns instructions for medical care in the event that the person drafting the document becomes incapacitated. Terms commonly included in living will documents include whether to administer or withhold artificial respiration or resuscitation in cases where there is little or no chance of recovery and what treatment should or should not be continued. The FL Statutory Living Will may also be used by a person to give their consent for their organs to be donated after their passing.

For a living will document to be considered valid, the person drafting it must be an adult over the age of 18 and of sound mind as they draft the document. The signing of the document must also be witnessed by two disinterested parties. A copy of the document must also be prepared to be given to the healthcare provider. Depending on the state, other requirements may be needed to be fulfilled in order for a living will document to be considered valid. Make sure to consult the laws of the state of Florida to ensure that the execution of the document goes smoothly and without issues.

It is also recommended that the person that created a living will have a pocket card stating that a living will is on file and is kept on hand to ensure that their living will is not accidentally violated.

How to fill out the Florida Statutory Living Will?

The Florida Statutory Living Will PDF is a very simple and short form to fill out. Make sure to download the form in PDF before printing it to ensure that all information entered and the format of the form will remain intact even after being printed or otherwise submitted to the relevant person or entity.

Due to the nature of the Florida Statutory Living Will Form as a legal document, make sure that you read and understand the entire form to ensure that all the statements and terms within are in accordance with what you want.

Date

Enter the date when this declaration is or was made.

Condition

Enter your initials on the space next to the applicable condition or conditions. You may choose one or more of the following:

I have a terminal condition
I have an end-stage condition
I am in a persistent vegetative state

In the event that you are incapacitated (unable to make your own decisions), are suffering from the condition or conditions indicated, and are determined by your attending or treating physician to be unlikely to recover, this form indicates that you direct that all procedures that would prolong your life be withheld or withdrawn, especially when the application of the procedures would only serve to draw out your death. The only treatment that you direct to be applied to you in such a situation is that which is deemed necessary to provide you with comfort or to alleviate any pain or other kind of suffering that you may experience due to the condition.

This declaration is intended to be honored by both your family and physician as your final expression of your legal right to refuse medical or surgical treatment and that through this declaration, you are implicitly agreeing to accept the consequences of such refusal.

Surrogate Name

Enter your designated surrogate’s full legal name.

Your surrogate will serve to carry out the provisions of this declaration should you be determined to be unable to provide express and informed consent regarding the withholding or continuation of any life-prolonging procedures.

Surrogate Address

Enter your designated surrogate’s address information.

Surrogate Phone Number

Enter your designated surrogate’s primary phone number.

Surrogate E-mail

Enter your designated surrogate’s primary e-mail address.

Additional Instructions

Enter here any additional instructions that you wish to be followed when this declaration is executed (either by you or your designated surrogate).

Name

Enter your full legal name.

Signature

Sign the form in the space provided.

Witnesses

Enter the following information for both of the witnesses.

Signature

Have the witness sign the form in the spaces provided.

Printed Name

Enter the full legal name of the witness.

Address

Enter the address information of the witness.

Phone

Enter the witness’ phone number.

E-mail

Enter the email address of the witness.

Frequently Asked Questions About theFlorida Statutory Living Will

Who needs to use the Florida Statutory Living Will?

Any person living in the state of Florida who wishes to establish particular instructions regarding what should be done in the event that they are suffering from a terminal disease or condition, or what should be done with their remains after their passing, must fill out a Florida Statutory Living Will Template in order to clearly declare their wishes that must then be respected.

What are some tips when filling out the Florida Statutory Living Will?

While the Florida Statutory Living Will is a very short and simple form to fill out, it is very important that all information entered in the document is correct and updated. This will help to avoid any issues, legal or otherwise, that may arise as a result of entering the wrong information in the form.

Keep the document in a safe and secure area. Make sure that the accomplished document itself is kept in an organized space. This is important to avoid issues that may arise as a result of the form becoming lost and falling into the wrong hands, such as fraud or the wishes of the person filing the living will not be executed properly.

Seek legal advice. It may be beneficial to seek legal advice to ensure that the terms outlined within are logical and reasonable.

Practice good contract management. Create a copy of the living will document and keep it in a safe and organized space. This will be useful in the event that something happens to the original copy or for future legal purposes.

Are advanced directives allowed in Florida?

Yes, Florida law allows for the use of advanced directives. These directives can be used to provide guidance for health care decision-making in the event that a person is unable to communicate their wishes themselves.

Advanced directives can take the form of a living will or a health care proxy. A living will sets out a person's preferences for medical treatment in the event that they are terminally ill or permanently unconscious. A health care proxy appoints another individual to make decisions about a person's medical care if they are unable to do so themselves.

When creating an advanced directive, it is important to choose someone you trust to make decisions in accordance with your wishes. You should also make sure that your directive is easily accessible to your health care proxy or designated agent in the event that it needs to be used.

If you have any questions about advance directives or would like assistance creating one, you should contact a qualified attorney.

Do advanced directives need to be notarized in Florida?

There is no notarization requirement for advanced directives in Florida. However, it is always best to have your document witnessed by two people who are not related to you and who are not named as your agent in the document. This can help to ensure that your wishes are carried out according to your instructions.

A witness must be:

At least 18 years old
Competent (meaning that they understand what they are witnessing)
Willing to sign the document

If you have any questions about whether or not your advanced directive needs to be notarized in Florida, it is best to speak with an attorney who can help advise you on your specific situation.

How does an advance directive differ from a living will?

An advance directive and a living will are both documents that outline your wishes for medical care if you are unable to communicate them yourself. They serve the same purpose, but an advance directive can be used to appoint someone to make decisions on your behalf, whereas a living will only outlines your wishes.

An advance directive is a legal document that allows you to appoint someone to make decisions on your behalf if you are unable to do so yourself. This person is known as a Durable Power of Attorney for Healthcare (DPOA-HC). A DPOA-HC can be used to make any kind of healthcare decision on your behalf, including decisions about life-sustaining treatment.

A living will is a document that outlines your wishes for medical care if you are unable to communicate them yourself. Unlike an advance directive, a living will does not appoint anyone to make decisions on your behalf. Instead, it simply states your wishes in the event that you are unable to communicate them.

It is important to have both an advance directive and a living will, as they serve different purposes. An advance directive ensures that there is someone who can make decisions on your behalf if you are unable to do so, whereas a living will outlines your specific wishes for medical care. Having both documents ensures that your wishes will be carried out no matter what situation arises.

What are the most common 3 types of advance directives?

The most common types of advance directives are the following:

Durable Power of Attorney for Healthcare — This allows you to name someone to make decisions about your medical care if you are unable to do so yourself. Whether you are temporarily or permanently unable to make decisions, your Durable Power of Attorney for Healthcare agent can step in and make decisions on your behalf. Moreover, your agent’s authority is always revocable, meaning you can change your mind about who you’ve chosen at any time should you no longer feel that person is best suited for the job.
Living Will — A living will is a document that details your wishes regarding medical treatment in the event that you are unable to communicate those wishes yourself. For example, a living will can state whether or not you want to receive life-sustaining treatments, such as artificial ventilation or feeding tubes if there is no hope for recovery. It’s important to note that a living will only comes into effect if you have a terminal illness or are in a permanent vegetative state — it does not apply in the event of temporary conditions, such as being under sedation for surgery.
Do Not Resuscitate (DNR) Order — A DNR order is a medical order that instructs healthcare providers not to perform CPR on a patient in the event of cardiac or respiratory arrest. DNR orders are typically only issued at the request of the patient or their legal guardian, and they must be renewed every so often.

These are just a few of the most common types of advance directives; there are many others, such as organ donation and mental health treatment directives. It’s important to talk with your doctor about your wishes and make sure your loved ones are aware of your decisions in the event that you are unable to communicate them yourself.

Does a health care proxy form need to be notarized in Florida?

There is no requirement that a health care proxy form should be notarized in Florida. However, it is recommended that you have the form witnessed by at least two people who are not related to you. This will ensure that the form is legally binding and that your wishes regarding your medical care will be followed.

Who makes medical decisions if there is no power of attorney in Florida?

If there is no power of attorney in place, then medical decisions may be made by a court-appointed guardian, or by the patient's closest living relative. In the absence of any of these, the attending physician may make decisions in accordance with the patient's best interests.

The best interests of the patient are determined by considering the following factors:

The patient's wishes, if they are known.
The patient's values and beliefs.
The patient's physical and mental condition.
The opinions of family members and close friends.
The advice of medical professionals.

It is advisable to appoint a power of attorney for healthcare in advance, as it can be very difficult to make medical decisions on behalf of another person without knowing their wishes. If you are appointed as a guardian or decision-maker for someone else, it is important to act in their best interests and consult with them as much as possible to ensure that you are making the decisions they would want you to make.

Does Florida recognize health care proxy?

Yes, Florida does recognize a health care proxy. This means that you can appoint someone to make decisions about your medical care if you are unable to do so yourself. The person you appoint will be your "health care surrogate."

A healthcare proxy is a legal document that gives someone else the authority to make healthcare decisions on your behalf. The person you appoint is known as your “health care surrogate” or “agent.” You can appoint anyone you trust to be your surrogate, as long as that person is 18 years of age or older and is not currently your healthcare provider.

You can revoke or change your health care proxy at any time by letting your surrogate know in writing.

You should also notify your doctor(s) of any changes to your health care proxy.

If you have any questions about appointing a healthcare proxy, please contact an experienced Florida estate planning attorney.

How do you set up a living will in Florida?

There is no one-size-fits-all answer to this question, as the best way to set up a living will in Florida may vary depending on your individual circumstances. However, some tips on how to set up a living will in Florida include:

Choose someone you trust to be your healthcare surrogate. This person will make decisions about your medical care if you are unable to do so yourself.
Make sure your health care surrogate knows your wishes regarding end-of-life care. Discuss your preferences with them ahead of time so they are clear on what you want.
Put your wishes in writing. You can do this by creating a living will or advance directive. Be as specific as possible in your writing so there is no confusion about your wishes.
Make sure your family and close friends are aware of your living will. Give them a copy of it and make sure they know where to find it if needed.
Review your living will periodically and update it as needed. Your wishes may change over time, so it’s important to keep your document up to date.

Following these tips can help you create a living will in Florida that meets your needs and ensures your wishes are carried out. However, it’s always a good idea to consult with an attorney or other legal professional to get specific advice on how to set up a living will in Florida.

Do I need a living will in Florida?

There is no requirement in Florida for a person to have a living will, but it is generally recommended.

A living will allows you to express your wishes regarding medical treatment in the event that you become incapacitated and are unable to communicate your desires yourself. This can be an important tool to ensure that your loved ones and medical providers are aware of your wishes and can make decisions accordingly. If you are interested in creating a living will, you should consult with an attorney to ensure that it is properly executed and meets all legal requirements.

Who can execute an advance directive?

In the United States, advance directives can be executed by any person who is considered to be "competent" under state law. This generally includes adults of sound mind who are 18 years of age or older. However, some states allow minors to execute advance directives if they meet certain criteria, such as being married, pregnant, or having served in the military.

Advance directives are typically prepared and signed in the presence of witnesses and notarized to ensure their validity. Once an advance directive is executed, it should be given to your health care proxy so that it can be followed in the event that you become incapacitated. You should also keep a copy of your advance directive in a safe place where it can be easily accessed by your loved ones.

If you move to a new state, it is important to check whether your advance directive will still be valid under the laws of your new state. You may need to execute a new advance directive in order to ensure that it will be honored by health care providers in your new state.

What is defined by Florida state law as a patient being incapacitated?

A patient is incapacitated if he or she is unable to make decisions or communicate them due to physical or mental incapacity. Incapacitation can be temporary or permanent. If a patient is incapacitated, Florida state law requires that a guardian be appointed to make decisions on the patient's behalf.

In cases when a patient is incapacitated and does not have a pre-existing legal guardian, the court will appoint a guardian. The court will consider the wishes of the patient, if known, when appointing a guardian. The court will also take into account the recommendations of the attending physician and any other relevant factors.

What is the main disadvantage of a living will?

The main disadvantage of a living will is that it can be difficult to predict what kind of medical care you may need in the future. If your health changes, you may need a different type of care than what is specified in your living will. Additionally, your family and friends may not be aware of your wishes unless you discuss them with them in advance. Finally, living wills are not legally binding in all states, so it is important to check the laws in your state to see if a living will would be enforceable.

Is living will the same as a medical directive?

A living will is a legal document that allows you to lay out your wishes for medical treatment in the event that you are unable to communicate them yourself. A medical directive, on the other hand, is a document that designates someone else to make decisions on your behalf should you become incapacitated. While there is some overlap between the two, they are not the same thing.

A living will generally only comes into effect if you are terminally ill or in a vegetative state, and it lays out your specific instructions for how you would like to be treated. For example, you may use a living will to indicate whether or not you want to be kept on life support.

A medical directive, on the other hand, is a more general document that appoints someone else to make medical decisions on your behalf should you become unable to do so yourself. This person is known as your healthcare proxy. While you can use a medical directive to indicate your wishes for treatment, it can also be used to give your proxy authority to make other types of decisions, such as whether or not to allow you to receive visitors.

It's important to have both a living will and a medical directive in place, as they serve different purposes. A living will ensures that your wishes are followed in the event that you are unable to communicate them, while a medical directive gives someone else the authority to make decisions on your behalf should you become incapacitated.

If you have any questions about living wills or medical directives, it's best to speak with an attorney who specialized in estate planning. They will be able to help you determine which documents are right for you and your situation.

Is a personal directive the same as a living will?

No, a personal directive is not the same as a living will. A personal directive is a legal document that outlines your wishes for medical treatment and end-of-life care in the event that you are unable to make decisions for yourself. A living will, on the other hand, is a document that specifically details your wishes regarding life-sustaining medical treatment.

What is the difference between a living will and a health care proxy?

These documents serve different purposes. A living will spells out the types of medical treatment you would or would not want to receive if you were unable to communicate your wishes yourself. A healthcare proxy, also called a durable power of attorney for healthcare or a medical directive, appoints someone to make decisions about your care if you are unable to do so yourself.

Typically, a living will is used to express your wishes regarding life-sustaining treatments, while a healthcare proxy can be used for all types of medical decisions. However, some states allow you to combine these documents into one advance directive.

It’s important to have both types of directives in place. That’s because there are many types of medical situations where you may not be able to express your wishes. For example, you may become unconscious after a car accident or suffer from dementia later in life. In these cases, a healthcare proxy can step in and make decisions based on what they know about your preferences.

Having both types of directives also provides a backup plan in case your healthcare proxy is unavailable or you have disagreements about your care. For instance, if you appoint your spouse as your healthcare proxy but then get divorced, you may want to name someone else in your living will.

It’s important to talk to your family and doctor about your wishes before creating an advance directive. That way, they can help you make informed decisions about the type of care you would or would not want to receive. You should also review your directives regularly and update them as needed.

Related Articles:

Fillable Form Florida Statutory Living Will: Health Care Advance Directive