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Get a Living Will template

An advance directive is a legal document that states a person’s healthcare wishes if they become unable to communicate. It typically includes a living will and designation of a healthcare surrogate, guiding doctors and family on treatments, life support, and end-of-life decisions, ensuring care aligns with the individual’s preferences clearly.

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Get a Florida-compliant Living Will template you can use. It follows the requirements under Florida Statutes § 765.303. This is a general template—serious situations should still be reviewed by a legal professional. Use the Buy Now button below to receive your template. You'll receive your template via email within 24 hours. To receive a Last Will and Testament template, click here. 

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What is a Living Will?

A Living Will is a legally recognized document that outlines the specific medical care you wish to receive if you can no longer make medical decisions for yourself. It’s commonly requested by doctors and healthcare workers to understand what treatments to proceed with during medical emergencies and end-of-life care.

 

A Living Will is also known as a Health Care Directive. Some states use the terms Living Will and Health Care Directive interchangeably, while others use one term but not the other. The requirements for this document can also vary by jurisdiction.

Other common names for this document include:

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  • Advance Directive

  • Advance Medical Directive

  • Advance Decision Form

  • Personal Directive

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How does a Living Will work?

A Living Will goes into effect when you’re incapacitated or permanently unconscious, meaning you’re unable to make medical decisions for yourself. 

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If your medical practitioner, care home staff, or other medical personnel have a copy of your Living Will, they can look at what decisions you’ve made in your document for the care they can administer. 

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If you name a healthcare agent in a Medical Power of Attorney, they’ll work with medical teams to decide what treatment or intervention you’ll receive. If you’re incapacitated, your agent generally has the authority to:

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  • Consent or refuse consent to treatments (per your Living Will)

  • Receive/review your medical and hospital records

  • Sign any medical releases or health care documents

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It’s important to inform medical personnel of your Living Will and include it with your medical records.

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For example, say you are going in for surgery, and during the procedure, you go into a coma due to complications. Your agent and doctors will know what you wish to have for care throughout the stages of recovery and can follow it without causing stress on your family.

At what age should I make a Living Will?

Anyone who is at least the age of majority for their state and has the capacity to make a Living Will should do so. 

It’s essential for any capable adult to be prepared for unexpected medical emergencies or if end-of-life care needs to take place. 

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If you have questions regarding your Living Will or estate planning, contact a lawyer for more assistance. 

 

Can I make changes to my Living Will?

Yes, you can make changes or revoke your Living Will. Reasons you may need to update your document include:

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  • Being diagnosed with a new illness

  • Change in marital status

  • Move to a different state

  • Change in choices for medical care

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For example, say you get a divorce from your spouse. State legislation usually says that dissolving a marriage or legal separation revokes your spouse’s role as an agent. So you’ll need to ensure your document is up-to-date with a new agent of your choice.

If circumstances change you can create a new Living Will to revoke your original document. When you amend your document you will need to:

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  1. Give the new document and its copies to the appropriate people (e.g., doctor, nursing home, health care agent)

  2. Discuss any changes in your health care preferences with your family, friends, and health care agent

  3. Destroy outdated versions 

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Each state will have different requirements for updating or revoking your Living Will. 

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Does Florida require a Living Will to be notarized?

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  • In Florida you must at least be 18 years of age and competent to create a health care advance directive

  • Must be signed in front of at least two witnesses

  • Unless otherwise specified in a directive, withholding or withdrawing life-prolonging procedures is not permissible on pregnant patients

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