Health care planning gives you a way to explain your preferences and identify someone you trust to help with decisions. The conversation can be personal, but the practical goal is straightforward: make your wishes easier to understand and your documents easier to use when they are needed.
What is an advance health care directive?
Florida uses “advance directive” as an umbrella term for directions about health care. Different documents serve different purposes and have different requirements. Florida law also recognizes certain witnessed oral statements; it is inaccurate to say that every advance directive must be written. Clear written documents remain especially useful for communicating with family members and providers.
A designation of health care surrogate identifies a decision-maker. A living will addresses life-prolonging treatment in specified circumstances. Organ-donation instructions and a medical order concerning resuscitation address other questions. These should be coordinated, not treated as interchangeable forms.
Designating a health care surrogate
You can name a trusted adult, along with an alternate, to make the decisions authorized by your designation. Florida generally requires the written designation to be signed in the presence of two adult witnesses. The designated surrogate cannot serve as a witness, and at least one witness must be neither your spouse nor a blood relative. If you cannot physically sign, the statute provides a procedure for another person to sign at your direction.
A designation can expressly authorize the surrogate to receive health information or make decisions immediately. You retain control of your own decisions while you have capacity. Without an immediate-authority provision, the statutory incapacity process governs when decision-making authority begins. Discuss the intended arrangement with the person you choose.
Making a living will
A Florida living will addresses the providing, withholding or withdrawal of life-prolonging procedures when you have a terminal condition, an end-stage condition or a persistent vegetative state, under the applicable legal and medical requirements. General inability to communicate is not, by itself, the full test for implementing these directions.
A written living will requires two subscribing witnesses, at least one of whom is neither your spouse nor a blood relative. Your document should reflect your actual preferences, and a conversation with your clinician can help you understand treatments such as artificial nutrition, hydration and life support. Notify your physician and make the completed document available to the people who may need it.
A do not resuscitate order is a separate medical order
Florida’s Department of Health Do Not Resuscitate Order, Form DH 1896, is designed to direct paramedics and emergency medical technicians concerning respiratory or cardiac resuscitation. It is not a substitute for the broader planning in a living will or surrogate designation.
The form must have a full yellow background or be printed on yellow paper, and must be signed by the patient or authorized representative and an authorized Florida health care provider. Current rules permit a physician, osteopathic physician, autonomous-practice advanced practice registered nurse or physician assistant to sign in the provider role. Witnessing and notarization are not required for this medical order. Discuss whether it is appropriate with your treating provider, and keep it readily accessible if completed.
Connect the documents with the people who will use them
- Choose someone who is willing to listen to your preferences and communicate with providers.
- Discuss the decisions that matter to you, including personal or religious values you want respected.
- Give appropriate copies to your surrogate and clinicians, and explain where the originals are kept.
- Review the plan after significant changes in health, relationships, residence or the availability of your decision-makers.
Make health care planning part of your estate plan
Your health care documents work alongside a financial power of attorney, will, any appropriate trust and coordinated beneficiary designations. Each addresses a different need. Signing one does not automatically give someone authority over all medical and financial matters.
I can help you prepare documents that reflect your choices and fit your broader estate plan, with medical questions discussed with your providers. Contact our office to begin the conversation.
Sources: Florida Statutes § 765.101; Florida Statutes § 765.202; Florida Statutes § 765.302; Florida Department of Health DNRO guidance.
Updated October 26, 2026.