A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In Florida, a living will is a legally binding document that allows an individual, known as the declarant, to outline their preferences for medical treatment in the event they are unable to communicate their wishes due to a medical emergency. This document can specify whether the declarant wants to receive, withhold, or withdraw life-sustaining treatments if they are in a terminal condition or in a state that is considered irreversible. Florida Statutes Chapter 765 governs the creation and use of living wills and other advance directives, including Designation of Health Care Surrogate, Anatomical Donation, and Do Not Resuscitate (DNR) orders. To be valid, a living will must be signed by the declarant in the presence of two witnesses. If the declarant is physically unable to sign, one of the witnesses can sign in the declarant's presence and at the declarant's direction. It is important for Florida residents to understand these laws and ensure that their living wills comply with state requirements to ensure their wishes are honored.