Living Will and Advance Directive Attorney Jacksonville
Planning ahead allows your healthcare wishes to be known if you are ever unable to communicate them yourself. A properly prepared Living Will and Advance Directive can provide clarity for your loved ones and healthcare providers, helping ensure your wishes are documented, respected, and legally recognized under Florida law. The DeVries Law Firm, P.A. helps Jacksonville and Northeast Florida families put these protections in place as part of a thoughtful, personalized estate plan.
A Living Will is a legal document that tells your doctors and family what kind of medical treatment you want, or do not want, if you become unable to speak for yourself due to a terminal condition, an end-stage condition, or a persistent vegetative state. An Advance Directive is the broader category of documents that includes your Living Will along with the designation of a healthcare surrogate who can carry out your wishes and make additional medical decisions on your behalf.
Together, a Living Will and Advance Directive matter because they remove guesswork from some of the hardest moments a family can face. Without them, loved ones may be left arguing over what you would have wanted, and healthcare providers may be limited in who they can turn to for guidance. These documents are not only for older adults. Every adult in Florida, regardless of age or health status, can benefit from having clear, legally binding instructions in place before a medical crisis occurs.
Estate planning is often thought of as simply writing a Will to distribute property after death. In reality, a complete estate plan addresses both what happens to your assets and what happens to your care and your voice if you become incapacitated. A Living Will and Advance Directive fill that second, equally important role.
Questions about how a Living Will and Advance Directive fit into your estate plan? Call (904) 473-7786 to speak with our Jacksonville office.
What Is a Living Will?
A Living Will is a written statement, signed and witnessed in accordance with Florida law, that expresses your wishes regarding life-prolonging medical treatment. Under Florida Statute Chapter 765, a Living Will becomes effective when two physicians confirm that you have a terminal condition, an end-stage condition, or are in a persistent vegetative state, and you are no longer able to make your own healthcare decisions.
What a Florida Living Will Can Address
- Life-prolonging procedures — whether you want mechanical ventilation, CPR, dialysis, or other interventions used or withheld
- Artificial nutrition and hydration — whether feeding tubes or IV fluids should be provided if you cannot eat or drink on your own
- Pain management — a statement that comfort care should continue even if other treatments are withdrawn
- End-of-life treatment decisions — general instructions about the type of care you do or do not want in your final days
Florida’s legal requirements for a valid Living Will include a written document, your signature (or a signature made on your behalf at your direction), and the signatures of two witnesses, at least one of whom is not a spouse or blood relative. Because these formalities matter, working with an attorney helps ensure your Living Will will actually be honored when it counts.
Just as important as the paperwork is the conversation. We encourage every client to discuss their wishes openly with family members and their chosen healthcare surrogate, so no one is caught off guard or left to guess what “life-prolonging treatment” means to you personally.
What Is an Advance Directive?
An Advance Directive is the umbrella term for the legal documents that let you plan ahead for a time when you cannot make or communicate your own healthcare decisions. In Florida, an Advance Directive typically includes some combination of the following:
- A Living Will, addressing end-of-life treatment preferences
- A Health Care Surrogate Designation, naming someone to make medical decisions on your behalf
- A HIPAA Authorization, allowing your surrogate and family to access your medical records and speak with your providers
Unlike a Living Will, which only applies to end-of-life circumstances, a Health Care Surrogate Designation can apply to any period of incapacity, whether temporary (such as recovery from surgery or an accident) or permanent. This makes the Advance Directive framework considerably broader than the Living Will alone, and it works hand-in-hand with a Durable Power of Attorney, which addresses financial rather than medical decisions.
Florida’s legal framework for Advance Directives is set out in Chapter 765 of the Florida Statutes, which governs execution requirements, the authority granted to a healthcare surrogate, and how these documents interact with hospitals, physicians, and other healthcare facilities across the state.
Living Will vs. Advance Directive: What Is the Difference?
People often use these terms interchangeably, but a Living Will is actually one part of a broader Advance Directive. The table below breaks down how they differ.
| Feature | Living Will | Advance Directive (Broader Category) |
|---|---|---|
| Purpose | States your end-of-life treatment wishes | Covers overall healthcare decision-making, including surrogate authority |
| Scope | Limited to terminal, end-stage, or persistent vegetative conditions | Can apply to any period of incapacity, temporary or permanent |
| When It Becomes Effective | Only after two physicians confirm a qualifying condition | Surrogate authority may begin whenever you cannot make your own decisions |
| Decisions Covered | Life-prolonging procedures, nutrition, hydration | All medical decisions your surrogate is authorized to make |
| Legal Requirements | Written, signed, two witnesses (Fla. Stat. Ch. 765) | Written, signed, two witnesses; surrogate designation follows the same formalities |
In practice, most clients benefit from having both documents prepared together, since a Health Care Surrogate Designation gives someone authority to act during situations a Living Will does not reach, while the Living Will guides that surrogate’s decisions once a terminal or end-stage condition is confirmed.
Not sure whether you need one document or both? Call (904) 473-7786 to discuss your situation with our office.
Who Should Have a Living Will and Advance Directive?
Any adult, age 18 or older, can benefit from a Living Will and Advance Directive. Incapacity from an accident, sudden illness, or medical emergency does not wait for old age. Here is how these documents serve different life stages:
Young Adults
Once a child turns 18, parents no longer have automatic legal authority to make medical decisions or access medical records on their behalf. A Health Care Surrogate Designation and HIPAA Authorization allow a young adult heading to college or starting a career to name a trusted parent or family member to step in if needed.
Parents
Parents raising children often focus estate planning on guardianship, but healthcare planning for themselves is just as important. If both parents were involved in a serious accident, clear Advance Directives help avoid confusion during an already difficult time.
Married Couples
Spouses often assume they automatically have authority to make medical decisions for one another. Florida law provides some default surrogate rules, but a formal designation removes ambiguity and lets couples name backup decision-makers as well.
Seniors and Retirees
As health needs change with age, having documented wishes becomes especially important, particularly for retirees who may split time between Florida and another state, or who want to make sure new physicians have clear guidance.
Individuals With Chronic Illnesses
For those managing an ongoing health condition, an Advance Directive helps ensure that treatment preferences are respected consistently across hospital visits, specialists, and care transitions.
Military Members
Service members facing deployment or relocation benefit from having Advance Directives in place, particularly a Durable Power of Attorney and Health Care Surrogate Designation that remain valid regardless of where they are stationed.
Business Owners
For business owners, incapacity planning extends beyond healthcare. Coordinating a Living Will and Advance Directive with a Durable Power of Attorney helps ensure both personal care and business operations can continue smoothly.
Benefits of Planning Ahead With a Living Will and Advance Directive
- Reduces family uncertainty during a medical crisis, so loved ones are not left guessing or disagreeing about your care
- Communicates your healthcare wishes clearly and in a form physicians and hospitals are equipped to follow
- Helps loved ones during difficult times by giving them a documented decision to point to, rather than a decision they must make alone
- Supports healthcare providers in delivering care consistent with your values without unnecessary delay
- Provides peace of mind knowing your preferences are in writing and legally recognized
- Coordinates with your overall estate plan, working alongside your Will, trust, and powers of attorney rather than as an isolated document
Ready to put your healthcare wishes in writing? Call (904) 473-7786 to schedule an estate planning consultation.
Related Estate Planning Documents
A Living Will and Advance Directive rarely stand alone. They typically work together with several other documents as part of a complete Florida estate plan:
Last Will and Testament
Your Last Will directs how your property is distributed after death and can name a guardian for minor children. It addresses what happens after death, while a Living Will and Advance Directive address decisions made while you are still living but unable to communicate.
Revocable Living Trust
A revocable living trust can help your estate avoid probate and allows a successor trustee to manage trust assets if you become incapacitated, complementing the healthcare protections in your Advance Directive with financial continuity.
Durable Power of Attorney
A Durable Power of Attorney authorizes someone to manage your financial affairs, pay bills, and handle property if you cannot do so yourself. It is the financial counterpart to a healthcare surrogate designation.
Healthcare Surrogate Designation
As discussed above, this document names who can make medical decisions for you and is a core piece of your Advance Directive, closely tied to healthcare and guardianship planning.
HIPAA Authorization
Without a HIPAA Authorization, even close family members may be denied access to your medical information. This document ensures your surrogate and chosen loved ones can speak with your doctors and review your records.
Guardianship Planning
If incapacity occurs without any Advance Directive in place, a court-supervised guardianship may become necessary. Proactive guardianship planning can help your family avoid this more costly, more public, and more time-consuming process.
These documents are most effective when prepared together, reviewed periodically, and coordinated with the rest of your plan. For a broader overview, see our Florida Estate Planning Checklist for Families and our guide to the 5 Legal Documents Every Adult Needs Before Age 40.
When Should You Update Your Living Will and Advance Directive?
These documents are not “set it and forget it.” Life changes, and your documents should change with them. Consider a review after:
- Marriage — you may want your new spouse named as your healthcare surrogate
- Divorce — a former spouse named in your existing documents may need to be removed
- Birth of children — your priorities and backup decision-makers may shift
- Retirement — a good time to revisit your full estate plan, not just healthcare documents
- Major health changes — a new diagnosis may change how you think about treatment preferences
- Moving to Florida — documents prepared in another state may not fully align with Florida’s legal requirements
- Changes in healthcare wishes — your views on end-of-life care can evolve over time
- Death of a designated representative — your named surrogate or alternate may no longer be available to serve
For more on timing, see When Is the Right Time to Start Estate Planning?
Common Mistakes to Avoid
- Never creating the documents at all, leaving family members without guidance during a crisis
- Failing to update documents after major life events like marriage, divorce, or relocation
- Choosing the wrong healthcare surrogate — someone who may not be willing or able to carry out difficult decisions
- Not discussing wishes with family, which can lead to disputes even when documents exist
- Losing original documents or failing to give copies to physicians, hospitals, and your surrogate
- Assuming family automatically has authority to make medical decisions without a formal designation
- Using outdated or generic forms that do not meet Florida’s specific execution requirements
Avoid these common pitfalls. Call (904) 473-7786 and let us help you prepare documents that hold up when they matter most.
Why Work With The DeVries Law Firm, P.A.
Attorney Shawn DeVries and the team at The DeVries Law Firm, P.A. help Jacksonville and Northeast Florida families create Living Wills and Advance Directives as part of a personalized, comprehensive estate plan. Every client’s situation, family, and healthcare priorities are different, and our approach reflects that.
- Personalized planning tailored to your family, health circumstances, and long-term goals
- Compassionate legal guidance through a topic that can be emotionally difficult to discuss
- Clear explanations of Florida law in plain, understandable language
- Coordinated documents that work together with your Will, trust, and powers of attorney
- Local service for Jacksonville and communities throughout Northeast Florida
We invite you to schedule a consultation to discuss your goals and create documents suited to your individual circumstances.
Serving Jacksonville and Northeast Florida
The DeVries Law Firm, P.A. helps clients throughout Duval County, St. Johns County, Clay County, and Nassau County prepare a Living Will and Advance Directive, along with the rest of their estate plan. We regularly work with families in Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach, Ponte Vedra, Ponte Vedra Beach, Orange Park, Fleming Island, St. Johns, Nocatee, Fernandina Beach, Amelia Island, Green Cove Springs, Yulee, and Callahan.
Wherever you are in Northeast Florida, our office can help you put a Living Will and Advance Directive in place that reflects both your personal wishes and Florida’s legal requirements.
Most Searched Questions About Living Wills and Advance Directives
What is a Living Will?
A Living Will is a legal document that states your wishes about life-prolonging medical treatment if you have a terminal condition, end-stage condition, or persistent vegetative state and cannot communicate those wishes yourself.
What is an Advance Directive?
An Advance Directive is the broader set of healthcare planning documents that includes a Living Will, a Health Care Surrogate Designation, and typically a HIPAA Authorization.
Does Florida recognize Living Wills?
Yes. Florida recognizes Living Wills under Chapter 765 of the Florida Statutes, provided the document meets the state’s signing and witnessing requirements.
Do I need both documents?
Most people benefit from having both a Living Will and a Health Care Surrogate Designation, since together they cover a wider range of situations than either document alone.
Can I change my Living Will?
Yes. As long as you have capacity, you can revoke or update your Living Will at any time, and it is a good practice to review it after major life changes.
Who should be my healthcare surrogate?
Your healthcare surrogate should be someone you trust to understand your wishes, communicate clearly with medical providers, and make difficult decisions under pressure.
What happens without an Advance Directive?
Without one, your family may face uncertainty about your wishes, and in some cases a court-supervised guardianship may be required to appoint a decision-maker.
Can young adults benefit from estate planning?
Yes. Once a child turns 18, parents lose automatic authority to make medical decisions on their behalf, so a Health Care Surrogate Designation and HIPAA Authorization are valuable even for young adults.
Do hospitals require these documents?
Hospitals do not require you to have a Living Will or Advance Directive, but most will ask if you have one and will follow it once it is on file with your medical records.
When should I review my documents?
Review your Living Will and Advance Directive after marriage, divorce, the birth of a child, a major health change, retirement, or a move to Florida.
Frequently Asked Questions
1. What is the difference between a Living Will and a Last Will and Testament?
A Living Will addresses medical treatment decisions while you are alive but unable to communicate. A Last Will and Testament addresses the distribution of your property after death.
2. Is a Living Will legally binding in Florida?
Yes, when properly signed and witnessed according to Florida Statute Chapter 765, a Living Will is legally binding on healthcare providers.
3. How many witnesses do I need for a Living Will in Florida?
Florida requires two witnesses, at least one of whom is not your spouse or a blood relative.
4. Does a Living Will need to be notarized in Florida?
Florida law requires signing before two witnesses; notarization is not a strict statutory requirement, though some clients choose to notarize as an added safeguard.
5. What is a Health Care Surrogate Designation?
It is a document naming a person to make medical decisions on your behalf if you become unable to make them yourself, covering a broader range of situations than a Living Will alone.
6. Can my healthcare surrogate override my Living Will?
No. Your healthcare surrogate is expected to follow the wishes you expressed in your Living Will and make additional decisions consistent with those wishes.
7. What is a HIPAA Authorization and why do I need one?
A HIPAA Authorization allows named individuals to access your medical records and speak with your healthcare providers, which they otherwise could not do under federal privacy law.
8. What conditions trigger a Living Will in Florida?
A Florida Living Will becomes effective when two physicians confirm you have a terminal condition, an end-stage condition, or are in a persistent vegetative state.
9. Can I choose to receive artificial nutrition and hydration?
Yes. Your Living Will can specifically state whether you want artificial nutrition and hydration provided or withheld under qualifying circumstances.
10. What happens if I do not have a Living Will?
Without one, decisions may fall to family members under Florida’s proxy provisions, or in some cases a court may need to appoint a guardian.
11. Can out-of-state Living Wills be used in Florida?
Florida generally recognizes properly executed out-of-state directives, but reviewing them against Florida’s specific requirements is recommended after relocating.
12. How often should I update my Advance Directive?
A good rule of thumb is to review your documents every few years or immediately after any major life event.
13. Can I name more than one healthcare surrogate?
You can name a primary surrogate and one or more alternate surrogates in case your first choice is unavailable.
14. Does my spouse automatically have healthcare decision authority?
Florida law provides a default order of proxies, which often includes a spouse, but a formal designation avoids ambiguity and lets you name backups.
15. Can I revoke my Living Will?
Yes, as long as you have capacity, you can revoke your Living Will at any time, verbally or in writing.
16. What is a Durable Power of Attorney, and is it the same as an Advance Directive?
A Durable Power of Attorney covers financial decisions, while an Advance Directive covers healthcare decisions; the two are often prepared together but serve different purposes.
17. Should young, healthy adults have these documents?
Yes. Accidents and sudden illness can happen at any age, and having documents in place ensures your wishes are known regardless of when a crisis occurs.
18. Where should I keep my Living Will and Advance Directive?
Keep the original in a safe, accessible location and provide copies to your healthcare surrogate, close family members, and your primary care physician.
19. Can hospitals ignore my Living Will?
Florida law requires healthcare providers to honor a valid Living Will, though providers with religious or moral objections must transfer your care to another provider.
20. What is a persistent vegetative state, legally speaking?
It refers to a condition of unconsciousness in which no voluntary or cognitive behavior is observed and the individual is unable to communicate or interact purposefully.
21. Can I include organ donation wishes in my Advance Directive?
Organ donation is typically documented separately through the Florida Organ and Tissue Donor Registry, but it can be discussed alongside your Advance Directive planning.
22. What is the role of a healthcare surrogate versus a guardian?
A healthcare surrogate is chosen by you in advance, while a guardian is appointed by a court, typically only when no valid Advance Directive exists.
23. Do I need a lawyer to create a Living Will in Florida?
While Florida does not require an attorney to create a Living Will, working with one helps ensure the document meets legal requirements and is coordinated with the rest of your estate plan.
24. Can a Living Will address DNR (Do Not Resuscitate) preferences?
A Living Will can express general preferences about resuscitation, though a separate DNR order, signed by a physician, is typically needed for emergency responders to honor that wish.
25. What if my family disagrees with my Living Will?
A validly executed Living Will is intended to control, and healthcare providers generally follow the documented wishes even if family members disagree.
26. Can I change my healthcare surrogate later?
Yes, you can update your Health Care Surrogate Designation at any time as long as you have capacity to do so.
27. Is an Advance Directive part of a full estate plan?
Yes, it is typically prepared alongside a Last Will, Durable Power of Attorney, and often a revocable trust as part of a coordinated estate plan.
28. What happens to my Advance Directive if I move out of Florida?
Most states recognize properly executed out-of-state directives, but it is wise to have your documents reviewed against your new state’s requirements.
29. Can I have separate documents for healthcare and finances?
Yes, and this is common — a Health Care Surrogate Designation covers medical decisions while a Durable Power of Attorney covers financial matters.
30. How long does it take to prepare a Living Will and Advance Directive?
Timing varies by individual circumstances, but these documents are often prepared efficiently once your wishes and chosen surrogate have been discussed with your attorney.
31. Can minors have a Living Will?
Living Wills apply to adults; healthcare decisions for minors are generally made by parents or legal guardians.
32. What documents should I bring to my consultation?
It helps to bring any existing estate planning documents, a list of potential surrogates, and a general sense of your healthcare preferences.
33. Does The DeVries Law Firm serve all of Northeast Florida?
Yes, the firm serves clients throughout Duval, St. Johns, Clay, and Nassau counties, including Jacksonville and surrounding communities.
Protect Your Healthcare Wishes with a Living Will and Advance Directive
Schedule an estate planning consultation with The DeVries Law Firm, P.A. to discuss your goals and create a Living Will and Advance Directive tailored to your individual needs.
Call (904) 473-7786Attorney Advertising: This website contains attorney advertising. The information provided is for educational and informational purposes only and should not be considered legal advice. Viewing this page or contacting The DeVries Law Firm, P.A. does not create an attorney-client relationship. Every estate planning matter is unique and should be evaluated based on your individual circumstances and applicable Florida law.