Living will

A living will provide instruction to medical caregivers as to whether such patient consents to the use of certain life-prolonging treatments or procedures.

Florida Statute 765.302 governs the procedures for making a living will. A living will provides instructions to medical caregivers in which an individual consents to the use of certain withholding or withdrawal of life-prolonging procedures.  

A living will may be a written or oral statement but must be witnessed by two individuals. At least one witness cannot be a spouse or a blood relative. If the individual is unable to sign, a witness can sign on their behalf. The living will must state the kind of medical care an individual wants or does not want if they become unable to make their own decisions. The will may also cover provisions of food and water for terminally ill patients. 

If the individual has been determined to be unable to provide express and informed consent regarding the withholding, withdrawal, or continuation of life-prolonging procedures, the individual may designate a person as their surrogate to carry out the provisions of that living will. An alternative surrogate may also be designated if the surrogate is unwilling or unable to perform their duties. 

A living will goes into effect while the individual is still living. The attending physician must be notified of the existence of a living will and be provided a copy thereof for the principal’s medical records. Florida statute 765.303 provides the format in which a living will may follow.