Living Wills & Advance Directives in West Palm Beach

Florida Living Will Signing Requirements

Any competent adult may make a living will in Florida. The principal, meaning the person creating the document, must sign it in the presence of two subscribing witnesses who also sign. At least one witness can’t be the principal’s spouse or blood relative.

Notarization isn’t among the statutory execution requirements for a living will. The signature and witness requirements still apply, including when a document is prepared without an attorney.

When a Florida Living Will Takes Effect

A living will addresses life-prolonging procedures when a patient has a terminal condition, an end-stage condition, or a persistent vegetative state. A persistent vegetative state is a permanent condition involving the loss of higher brain function while some basic bodily functions continue.

Before the directive may be acted on, there must be no reasonable medical probability that the patient will regain the capacity to make healthcare decisions. The patient’s primary physician and at least one consulting physician must separately examine the patient and document their findings in the medical record.

Physicians and other authorized people must follow the living will’s actual language. Any limitations or conditions in the document must be satisfied before treatment may be withheld or withdrawn.

Healthcare Choices Without an Advance Directive

No one is required to complete an advance directive. A healthcare provider or facility also can’t require a patient to sign one, or use its own form, as a condition of treatment or admission.

When a patient lacks decision-making capacity and has no applicable advance directive, the statute establishes this order of priority for a potential representative:

• A court-appointed guardian
• A spouse
• An adult child
• A parent
• An adult sibling
• An adult relative
• A close friend

Disagreements may require careful review of the directive’s language, the representative’s legal authority, and the applicable rules. Conversations with the people likely to be involved can reduce uncertainty about your preferences, although some circumstances still require legal and medical interpretation.

Legal Guidance for Advance Directives

An attorney isn’t required to prepare an advance directive in Florida. Legal guidance can still be useful when evaluating whether the language accurately reflects your healthcare preferences, chosen representatives, and any limits on their authority.

Discussing the documents with the people likely to participate in future care gives family members and selected representatives an opportunity to understand your wishes before a medical crisis arises.