Living Wills in Florida

Protect Your Health If you can't speak for yourself

Your Doctors Will Make Decisions for You If You Can't. Make Sure They're Making the Right Ones

If you were hospitalized tomorrow, unconscious, unable to communicate, who would decide whether to put you on life support? Whether to continue aggressive treatment or let you go peacefully? 

In an instant, you can go from being perfectly capable of making your own medical decisions to relying on doctors, hospitals, and family to make them for you, without any guidance on what you actually want. 

This is what living wills in Florida are designed to prevent. A Living Will is a written, legal document that tells doctors and medical professionals what kind of medical treatment you want (or don’t want) if you become seriously ill or injured and can no longer communicate your wishes. But that right only helps if you’ve written it down before the moment arrives.

Without One, Your Family Carries a Weight You Could Have Lifted for Them

When there’s no living will on file, your medical team has to keep you alive by every means available—ventilators, feeding tubes, resuscitation, every intervention possible. They don’t know what you would have chosen, so they give you everything. Meanwhile, your family is left making impossible decisions in the worst moment of their lives, without knowing what you actually wanted.

Those decisions tear families apart. We’ve seen it. Disagreements over a loved one’s care with no living will to settle it can escalate from a hospital room to Miami-Dade’s courts—a process that is painful, public, and expensive on top of an already devastating situation.

A living will takes that burden off your family completely.

Every hard question gets answered in advance, in your own words, on your own terms.

We Help You Put It in Writing—Correctly

Florida has specific requirements for a living will to be legally valid under § 765.302, and a document that doesn’t meet them can be challenged or ignored by medical providers entirely. We’ve helped families throughout Coral Gables and Miami-Dade create living wills that align with Florida law, hold up when it matters, and leave no room for interpretation.

The more specific your living will is, the less room there is for medical teams or family members to read it differently than you intended. We make sure every provision is clear, legally sound, and exactly what you meant.

Living Wills in Florida

What Living Wills in Florida Cover

Living wills in Florida are governed by Chapter 765 of the Florida Statutes, and by using one you can determine:

Life-Prolonging Procedures

You can specify whether you want life-sustaining treatment continued if you’re in a terminal condition, an end-stage condition, or a persistent vegetative state. These are three distinct situations under Florida law, and your instructions may differ for each. We’ll ensure your document addresses all three clearly.

Pain Management and Comfort Care

Regardless of your other instructions, you can direct that you receive appropriate pain management and comfort care at all times. This is an important distinction; choosing not to prolong life artificially doesn’t mean to suffer.

Artificial Nutrition and Hydration

This is one of the most important and most misunderstood provisions. You can specify whether you want feeding tubes or IV fluids continued if you’re unable to eat or drink on your own. Florida law requires this to be addressed explicitly; no generic statements are allowed. We’ll help you define your wishes in specific language that everyone will fully understand.

Specific Medical Interventions

You can address individual treatments such as resuscitation, mechanical ventilation, dialysis, etc, and note your preferences for each one. The more specific your living will is, the less room there is for medical teams or family members to interpret it differently than you intended.

Answering Frequently Asked Questions

Can I use an online form to make my living will?

Florida has specific requirements for a living will to be legally valid under § 765.302. It must be signed in front of two witnesses—neither of whom can be your healthcare provider or anyone who stands to inherit from you. A form you found online may not meet those legal requirements, and a document that isn’t legally valid can be challenged or ignored by medical providers entirely.

Any age as an adult. An accident or illness can happen at any time, and once you’re an adult, your parents have no automatic authority over your medical decisions. 

Yes, as long as you have legal capacity, you can revoke or update your living will at any time under § 765.104. We make it easy to revisit whenever something in your life changes.

Your living will is legally binding under Florida law. Your medical team is required to follow it. Family members cannot override it simply because they disagree; the power is always kept in your own hands, not anyone else’s. 

Schedule your consultation with Family Life Law Today

If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.