Florida splits it into two documents, not one — and gets a lot of retirees who signed papers in another state and assume they’re covered here. Sometimes they are. Often there’s a gap.
The Florida advance directive isn’t a single form. It’s two: a Designation of Health Care Surrogate, which names who decides, and a Living Will, which records what she wants. Both are governed by Florida Statutes Chapter 765, and you can do one, the other, or — the sensible choice — both.
This page covers each document, where to get the current official versions, how Florida wants them witnessed, and two features of Florida law that genuinely help: an immediate-effect surrogate, and recognition of directives from other states.
Florida, in short
- Two separate documents. Designation of Health Care Surrogate (who decides) and Living Will (what she wants).
- Governed by Chapter 765. Surrogate at § 765.202; living will at § 765.302.
- Two adult witnesses on each. Florida requires witnesses — a notary is not a substitute.
- The surrogate can’t be a witness, and at least one witness can’t be the spouse or a blood relative.
- Florida lets the surrogate act immediately if she says so — no waiting for an incapacity finding.
- Out-of-state directives are recognized if validly executed where they were signed — but completing Florida’s forms removes all doubt.
The two Florida documents
The Designation of Health Care Surrogate (§ 765.202) names the person who makes medical decisions when she can’t — and, if she chooses, who can receive her health information. She can name an alternate in case the first is unavailable. This is the document most worth doing, because a named person can handle any situation, including the ones no form predicted.
The Living Will (§ 765.302) is her written instruction about life-prolonging procedures if she has a terminal condition, an end-stage condition, or is in a persistent vegetative state. It speaks to physicians directly and takes effect only in those defined circumstances.
Failing to name a surrogate does not invalidate the living will, and vice versa — they stand independently. But together they answer both questions a crisis asks: who decides, and by what wishes. Why the surrogate usually matters more than the living will →
Where to get the official Florida forms
Use current official versions rather than a copy of unknown age. Reliable, free sources:
- The Florida Bar, together with the Florida Medical Association, publishes the standard Living Will and Designation of Health Care Surrogate forms with a plain-language FAQ.
- The Florida Agency for Health Care Administration (AHCA) provides advance directive information and forms at ahca.myflorida.com.
- Florida hospitals and hospices keep the forms on hand and are required to offer information about them.
If you can’t locate them, the Eldercare Locator (1-800-677-1116) connects you to the Area Agency on Aging for her county.
How Florida wants them signed
Both documents must be signed in the presence of two adult witnesses (§ 765.202). Florida is a witness state — unlike California, a notary is not an alternative to witnesses here. You can notarize in addition if you like, but two qualifying witnesses are what the statute requires.
The witness rules are specific, and getting them wrong can undo the document:
- At least one witness must be neither the spouse nor a blood relative of the person signing.
- The person named as surrogate cannot be a witness.
- Both witnesses must be competent adults who watch her sign.
The clean way to witness it
Use two disinterested adults — a neighbor, a friend, a colleague — neither of whom is the surrogate, and at least one of whom is unrelated to her. That satisfies every requirement in one step, and it sidesteps the most common Florida error: letting the person being named as surrogate stand in as one of the two witnesses. They can’t.
Two Florida features worth knowing
The surrogate can act immediately. Ordinarily a surrogate’s authority begins when a physician determines the principal lacks capacity. But Florida law (§ 765.204) lets her stipulate in the document that the surrogate may act immediately, without waiting for that determination. That can be enormously practical — the surrogate can speak to doctors and manage care right away — though it’s a genuine trade-off worth discussing, since it grants authority while she’s still fully capable. It’s her call, and the form lets her make it deliberately.
Florida recognizes out-of-state directives. Under § 765.112, an advance directive validly executed in another state is generally honored in Florida. This matters, because Florida is full of people who signed documents up north and moved south. “Generally honored” is not “guaranteed honored,” though — and acceptance at a hospital desk can be slower with an unfamiliar out-of-state form. If she’s now a Florida resident, or spends much of the year there, completing Florida’s own forms removes the friction entirely.
What the Florida documents don’t do
They won’t stop paramedics from performing CPR. Like every state, Florida separates an advance directive from an emergency order. Avoiding resuscitation outside a hospital requires Florida’s DNRO — a Do Not Resuscitate Order on the state’s distinctive yellow form, signed by a physician, kept where responders can see it. It’s for people who are seriously ill or frail, arranged through her doctor. More on why a directive alone won’t stop CPR →
They don’t cover money. A health care surrogate has no authority over finances — that needs a separate durable power of attorney. What a financial power of attorney is, and the word that decides whether it works →
After she signs
- Give an exact copy to the surrogate — the statute specifically requires this for the designation.
- Give copies to her physician and any hospital or facility involved in her care.
- Give the alternate surrogate a copy too.
- Keep one somewhere obvious at home, and photograph it.
The directive settles who decides. This settles what she needs now.
Getting the documents done is one half of an aging-at-home plan. The other is knowing how much day-to-day help she actually needs — and “she’s slowing down” isn’t something a doctor or an agency can act on.
The care needs checklist walks the same fourteen questions a visiting nurse walks and ends with something specific: which daily tasks need hands-on help, roughly how many hours a week, and which gaps are genuine safety issues.
Take the care needs checklist →Free. No email, nothing stored — it runs in your browser and the answers never reach me.
Where to go next
The full how-to, including the witnessing mistakes that void a document: how to fill out an advance directive →
The financial side is separate: what a power of attorney is →
If she won’t discuss any of it: when an aging parent refuses help →
Questions families ask
What is the Florida advance directive called?
Florida does not use a single combined form — it uses two separate documents under Chapter 765, a Designation of Health Care Surrogate that names a decision-maker and a Living Will that records wishes about life-prolonging treatment. You can complete either one or both, and failing to name a surrogate does not invalidate a living will. Together they cover both who decides and by what wishes.
Does a Florida advance directive need to be notarized?
No — Florida requires two adult witnesses rather than notarization, and a notary is not a substitute for witnesses. Both the Designation of Health Care Surrogate and the Living Will must be signed in the presence of two witnesses. You may add a notarization if you wish, but the witnesses are what the statute requires.
Who can witness a Florida advance directive?
Both documents require two competent adult witnesses, at least one of whom is neither the spouse nor a blood relative of the person signing. The individual named as health care surrogate cannot serve as a witness to the designation. Using two disinterested adults, such as neighbors or friends, satisfies every requirement at once.
Can my Florida health care surrogate act immediately?
Yes — Florida law allows the principal to stipulate in the designation that the surrogate may act immediately, without waiting for a physician to determine incapacity. This can be practical because the surrogate can speak with doctors and coordinate care right away. It is optional and is a deliberate choice on the form, since it grants authority while the principal is still fully capable.
Is my out-of-state advance directive valid in Florida?
Generally yes — under Florida Statute 765.112, an advance directive validly executed in another state is honored in Florida. However, acceptance is not guaranteed and an unfamiliar out-of-state form can cause delays at a hospital. Anyone who has become a Florida resident or spends much of the year there should complete Florida’s own forms to avoid friction.
Where do I get the official Florida advance directive forms?
The Florida Bar and Florida Medical Association jointly publish the standard Living Will and Designation of Health Care Surrogate forms with a plain-language FAQ, and the Florida Agency for Health Care Administration provides forms at ahca.myflorida.com. Florida hospitals and hospices also keep them on hand and are required to offer information about advance directives. The Eldercare Locator at 1-800-677-1116 can direct you through the local Area Agency on Aging.
Does a Florida advance directive stop CPR at home?
No — an advance directive is not an emergency medical order, so paramedics generally cannot act on it to withhold resuscitation. In Florida, preventing CPR outside a hospital requires a Do Not Resuscitate Order, known as a DNRO, on the state’s distinctive yellow form signed by a physician and kept where responders can find it. A DNRO is intended for people who are seriously ill or frail and is arranged through the treating doctor.
Changelog
- 26 July 2026 — Published. Two-document structure, witness rules, immediate-effect surrogate, and out-of-state recognition verified against Florida Statutes Chapter 765, §§ 765.202, 765.204, 765.302, and 765.112.
This page is reviewed every six months, and immediately if Florida law changes. When it changes, this list will say so.
Sources
- Florida Statutes Chapter 765 — Health Care Advance Directives, including § 765.202 (designation and witness rules), § 765.204 (capacity and immediate effect), § 765.302 (living will), and § 765.112 (recognition of out-of-state directives)
- The Florida Bar and Florida Medical Association — standard Living Will and Designation of Health Care Surrogate forms and FAQ
- Florida Agency for Health Care Administration (AHCA) — advance directive information and forms
- Thirteen years of the author’s own observation inside home health and hospice referral, labeled as such throughout
Last verified: 26 July 2026 against Florida Statutes Chapter 765 · Next review: January 2027, or immediately on a relevant change in Florida law
This page is educational and is not legal advice. Mark Duda is not an attorney. It describes Florida law as of the date shown and may not reflect later changes. Advance directive requirements are exacting and the consequences of an execution error are serious — confirm the current forms and rules with the official Florida source, and consult an attorney licensed in Florida if anything is unclear. See our disclaimers.
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