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, known as an Advance Directive, is a legal document that allows an individual to outline their preferences regarding medical treatment in the event they become incapacitated and unable to communicate their wishes. Under Florida law, specifically Chapter 765 of the Florida Statutes, a living will can include instructions on the provision, withholding, or withdrawal of life-prolonging procedures when the individual has a terminal condition, end-stage condition, or is in a persistent vegetative state. The document must be signed by the declarant in the presence of two witnesses. Florida also recognizes Do Not Resuscitate Orders (DNRs), which are separate documents that instruct medical personnel not to perform CPR if the patient's breathing or heart stops. These documents are part of a broader set of advance care planning tools that may also include designation of a health care surrogate, who is authorized to make medical decisions on the individual's behalf if they are unable to do so.