Living Will vs Advance Medical Directive: Key Differences, Examples, and How to Choose

Introduction: Living Will vs Advance Medical Directive

We at Lorenzo Law often see clients confuse these terms, but the distinction is vital for Florida estate planning.

A Living Will is a specific document for end-of-life instructions regarding life-sustaining treatment, while an Advance Medical Directive is a broad legal category—an “umbrella”—that includes the Living Will, Healthcare Surrogate designations, and other anatomical gifts

A living will is a legal document that tells doctors which life sustaining treatment you want—or don’t want—if you become terminally ill or permanently unconscious and can’t speak for yourself.

It covers specific medical treatments like ventilators, feeding tubes, and CPR. An advance medical directive is the broader category that includes a living will plus other planning tools, such as naming a healthcare agent to make medical decisions on your behalf.

Here’s the simplest way to remember it: all living wills are advance directives, but not all advance directives are living wills. Think of advance directives as the umbrella, and a living will as one tool underneath it.

Consider Margaret, a 67-year-old planning ahead in 2026. She’s healthy now but worries about stroke, dementia, and end of life care. Her living will states she doesn’t want to be kept on life support if she’s in a permanent vegetative state.

But her advance directive goes further—it names her daughter as her healthcare proxy to handle any future medical care decisions, including ones her living will doesn’t specifically address.

In many U.S. states, terms like “advance directive,” “advance healthcare directive,” and “advance medical directive” are used interchangeably.

Meanwhile, “living will” consistently refers to a narrower focus on end of life decisions. This article will compare definitions, explain the scope of each document, walk through typical clauses, show how they work together, and guide you through creating or updating them under state laws.

What a living will covers:

Written instructions for end of life care only
Treatment preferences when you’re terminally ill or permanently unconscious
Specific choices about CPR, ventilators, feeding tubes, and dialysis

What an advance medical directive covers:

A broader range of medical situations (not just end of life)
Appointment of a healthcare agent or health care proxy to speak for you
May include living will, healthcare power of attorney, and other documents in one package
Can address psychiatric advance directives, organ donation, and religious preferences

Key distinction:

Living will = specific written instructions for terminal conditions
Advance directive = umbrella term for all documents guiding future medical care

Living Will vs Advance Medical Directive: At-a-Glance Comparison

Feature	Living Will	Health Care Surrogate (Advance Directive)	Attorney Recommendation
Primary Purpose	Refusal of life-prolonging procedures.	Appointing someone to make medical decisions.	Both are essential.
Trigger Event	Terminal, end-stage, or persistent vegetative state.	Whenever you lack the capacity to communicate.	Use a Designation of Health Care Surrogate for broader coverage.
Scope of Authority	Written instructions only.	Broad authority over all medical care.	The Surrogate can handle what the Living Will doesn’t list.
Florida Statute	Fla. Stat. § 765.302	Fla. Stat. § 765.202	Ensure both cite the correct Chapter 765 authorities.

Both a living will and an advance medical directive deal with healthcare decisions when you cannot make your own decisions.

The core difference is scope: a living will focuses narrowly on end of life situations, while an advance directive covers a broader range of medical conditions and often includes appointing someone to decide for you.

Comparing scope and coverage:

Living will scope: Applies only when you’re terminally ill or in permanent unconsciousness (like a persistent vegetative state)
Advance directive scope: Applies whenever you lack capacity to make medical decisions—whether from surgery complications, temporary coma, stroke, or terminal illness

Who has authority:

Living will: Provides written instructions only; no agent is named
Advance directive: Can include instructions plus a healthcare power of attorney designating someone to act on your behalf

When each takes effect:

Living will: Activates when two physicians certify you have a terminal condition or are permanently unconscious
Advance directive: Activates when a physician determines you cannot make or communicate informed healthcare decisions (not limited to terminal situations)

Typical content:

Living will: CPR preferences, ventilator use, artificial nutrition, dialysis, comfort care wishes
Advance directive: All of the above, plus naming a health care agent, psychiatric treatment preferences, organ donation choices, and philosophical beliefs about quality of life

How this plays out in real medical situations:

Massive stroke in 2024: You’re unconscious but not terminal. Your advance directive’s healthcare proxy makes decisions. A living will alone might not apply yet.
Advanced Alzheimer’s diagnosed in 2025: Progressive dementia means you can’t communicate. Your advance directive guides care across many decisions; your living will addresses end-stage scenarios.
Traumatic brain injury after a car accident: You’re in a coma with uncertain prognosis. Your healthcare agent (named in your advance directive) consults with doctors daily. Your living will activates only if you’re declared permanently unconscious.
Terminal cancer diagnosed in 2026: Doctors confirm the condition is incurable. Your living will’s instructions about life saving measures now directly apply.

The logical rule to remember: Every living will qualifies as a type of advance directive. However, not all advance directives are living wills—many include broader documents like a medical power of attorney or psychiatric advance directives that go well beyond end of life scenarios.

What Is a Living Will?

A living will is a written, state-regulated legal document that explains which life sustaining treatment you want—or refuse—if you become terminally ill or permanently unconscious and cannot communicate your healthcare wishes.

It’s sometimes called a “directive to physicians” or “healthcare treatment directive” depending on your state.

Legal definition and requirements:

Must be in writing and signed according to state laws
Usually requires witnesses (often two) and sometimes notarization
Applies only when specific medical thresholds are met, such as a “terminal condition” or “persistent vegetative state”
Many states (like California, Florida, and South Carolina) require two physicians to certify your condition before the living will takes effect
Remains a legally binding document unless you revoke it

Trigger conditions for a living will:

Terminal illness with no reasonable expectation of recovery
Permanent unconsciousness or permanent vegetative state
End-stage condition where treatment would only prolong dying
Irreversible brain damage making communication impossible

Typical treatment topics covered:

Cardiopulmonary resuscitation (CPR)
Mechanical ventilation and breathing machines
Artificial nutrition and hydration (feeding tubes, IV fluids)
Dialysis for kidney failure
Antibiotics for life-threatening infections
Major surgery
Blood transfusions
Palliative care and pain management

Sample clauses in plain language:

“If I am in a permanent coma with no reasonable chance of recovery, do not place me on a ventilator for more than 14 days.”
“If I have a terminal illness and my heart stops, do not attempt CPR. Focus on keeping me comfortable.”
“I want to receive pain medication even if it might shorten my life.”

Important distinction: A living will is completely separate from a “last will and testament.” A living will addresses medical treatments and end of life care.

A last will deals with property, money, and assets after death. Don’t confuse the two—they serve entirely different purposes.

Alternative names by state:

“Directive to Physicians” (Texas)
“Declaration” (various states)
“Healthcare Treatment Directive” (some Midwestern states)
“Medical Directive” (common informal term)

Common Uses and Limitations of a Living Will

Common use cases:

Late-stage cancer: When curative treatment is no longer possible, your living will guides decisions about aggressive interventions versus comfort care
Advanced neurodegenerative diseases: Late-stage Alzheimer’s or ALS where you’ve lost the ability to communicate or recognize loved ones
Catastrophic brain injury: Severe damage with minimal chance of meaningful recovery
Prolonged ICU stays: When doctors face decisions about continuing or withdrawing life support after weeks without improvement

Major limitations to understand:

Only applies in defined end of life scenarios—not everyday medical care
Cannot anticipate every specific treatment or new medical technology that might exist in 2026 or beyond
Vague wording can lead to different interpretations by medical professionals
May conflict with other documents you’ve signed, causing confusion
Does not name anyone to make decisions—only provides written instructions

Emergency response limitation: In 2026, when you call 911, emergency responders typically cannot rely on a living will alone. EMS follows standing protocols to attempt resuscitation unless there’s a specific medical order like a DNR or life sustaining treatment POLST form immediately available. A living will sitting in a safe deposit box won’t help during a cardiac arrest at home.

Cautionary example: Richard, 72, created a detailed living will in 2024 specifying he didn’t want a ventilator if permanently unconscious.

But he never named a healthcare agent. When he suffered a severe stroke and needed to be transferred to a nursing home, doctors faced decisions his living will didn’t address:

Which facility should he go to?
Should he have a complex surgery that might improve his quality of life but carried significant risk?
Without a medical power of attorney, his family disagreed, and the hospital policy required ethics committee involvement before proceeding.

What Is an Advance Medical (Healthcare) Directive?

An “advance medical directive” (or “advance healthcare directive”) is an umbrella term used in many U.S. states for one or more legal documents that express your medical treatment wishes and often appoint someone to make healthcare decisions on your behalf if you become incapacitated.

Definition and scope:

Broader than a living will—covers any serious incapacity, not just terminal illness
Can include multiple components in one document or separate forms
Becomes effective when a licensed physician determines you cannot make or communicate informed medical decisions
Addresses a wider range of medical situations throughout your life

Situations where advance directives apply (beyond end of life):

Coma from an accident with uncertain recovery
Severe stroke affecting communication and cognition
Complications during surgery requiring unexpected decisions
Progressive dementia at any stage
Serious mental health crises requiring hospitalization
Extended ICU stays at any age from any cause

Common components of an advance directive package:

Living will (end of life treatment instructions)
Medical power of attorney or healthcare proxy (names your decision-maker)
Psychiatric advance directives (mental health treatment preferences)
Organ donation preferences
Autopsy preferences
Religious preferences and philosophical beliefs about care

State variations:

California’s “Advance Health Care Directive” form combines living will and healthcare proxy into one integrated document
Some states offer separate forms that work together
A few states officially recognize living wills as standalone documents with different requirements than broader advance health care directives

Activation conditions:

Typically requires one or two physicians to certify in your medical record that you lack decision-making capacity
Not limited to terminal conditions—can activate during reversible conditions like post-surgical confusion
Your healthcare agent’s authority begins when the doctor documents your incapacity

Types of Advance Directives and Related Documents

Living will: Written instructions for end of life care; signed by patient; activated when terminally ill or permanently unconscious; does not name a decision-maker
Healthcare power of attorney/healthcare proxy: Legal document naming a trusted person (healthcare agent) to make medical decisions when you cannot; signed by patient; agent’s authority activates upon physician certification of incapacity
Psychiatric advance directives: Specifies mental health treatment preferences during severe episodes; can name a preferred hospital, specific medications to use or avoid, and a support person; particularly valuable for conditions like bipolar disorder or schizophrenia (e.g., “During a 2026 psychotic episode, I prefer Hospital X and refuse medication Y due to past side effects”)
DNR (Do Not Resuscitate) order: Medical order—not a patient-drafted form—signed by a physician; directs medical staff not to perform CPR if heart or breathing stops; must be in medical record and often on a visible colored form
DNI (Do Not Intubate) order: Medical order specifying no breathing tube or mechanical ventilation; may be separate from or combined with DNR; preferences can differ (some patients accept CPR but refuse intubation)
POLST/MOLST forms (Physician Orders for Life-Sustaining Treatment): Medical orders for seriously ill or frail patients; summarizes CPR, ventilation, artificial nutrition, and hospitalization preferences; signed by both patient and physician; designed to travel with patient across care settings (hospital or nursing home, home care, ambulance)
Organ donation directives: Documents your wish to donate organs, tissues, or body after death; may be part of advance directive or registered separately with your state’s donor registry

Medical Power of Attorney and Healthcare Proxy Within an Advance Directive

A medical power of attorney (sometimes called “durable power of attorney for healthcare” or “medical POA”) is usually included in or attached to your advance medical directive.

It gives legal authority to a trusted person—your healthcare agent—to make treatment decisions when you cannot.

How the healthcare agent is activated:

A physician documents in your medical record that you lack capacity to make informed medical decisions
Some states require a second physician to confirm this determination
Once certified, your agent can immediately begin making healthcare decisions on your behalf
Authority typically continues until you regain capacity or pass away

Choosing the right healthcare agent:

Select someone who is reliably available (ideally lives nearby or can travel quickly)
Choose a person who stays calm under pressure and in medical situations
Ensure they’re willing to follow your stated wishes even under pressure from other family members
Pick someone who genuinely understands your values about independence, quality of life, and religious preferences
Consider naming an alternate agent in case your first choice is unavailable

Why an agent matters even with detailed written instructions:

During a 2027 emergency surgery, your healthcare agent might need to decide about a risky follow-up procedure that your living will doesn’t explicitly address.

Maybe a new treatment option exists that wasn’t available when you wrote your documents. Your agent can apply your known values to situations you never anticipated—something a written document alone cannot do.

Important distinction: A healthcare power of attorney is completely different from a financial power of attorney. The healthcare version only covers medical decisions.

A financial power of attorney handles money, property, and business matters. You may need both, but they are separate legal documents with different agents if you choose.

Do Not Resuscitate (DNR), Do Not Intubate (DNI), and POLST: How They Relate

DNR, DNI, and POLST/MOLST are physician orders that implement urgent care preferences.

They work alongside living wills and advance directives but serve a different purpose: these are medical orders signed by clinicians that medical staff follow immediately, rather than legal instructions you draft yourself.

DNR (Do Not Resuscitate) orders:

Directs healthcare providers not to perform CPR or advanced cardiac life support if your heart or breathing stops
Must be written and signed by a physician and placed in your medical record
Many states require a recognizable colored form (often pink or orange) for use outside hospitals
Some patients wear DNR bracelets or keep forms posted visibly at home
Does not affect other treatments—you can still receive antibiotics, surgery, or other care

DNI (Do Not Intubate) orders:

Specifies that no breathing tube or mechanical ventilation should be started
May be separate from or combined with DNR instructions
Preferences can legitimately differ: some patients accept CPR but refuse intubation, or vice versa
Like DNR, requires physician signature and documentation

POLST/MOLST/POST forms:

Stands for “Physician Orders for Life-Sustaining Treatment” (or Medical Orders, depending on state)
Widely used in states like Oregon, California, New York, and many others
Designed for seriously ill or frail patients with limited life expectancy
Summarizes preferences for CPR, ventilation, artificial nutrition, antibiotics, and hospitalization intensity
Signed by both patient (or authorized decision-maker) and physician
Printed on bright-colored paper (often pink) designed to travel with the patient
Recognized across care settings: hospital or nursing home, home health, ambulance services

How these work with your living will:

Your living will can express preferences about CPR and ventilation, but emergency responders will follow DNR/DNI or POLST orders that are immediately available. I

n 2026, having a POLST form displayed near your bed at home—perhaps on the refrigerator or bedroom wall—ensures EMS can honor your treatment preferences in an emergency. A living will locked in a filing cabinet won’t help in those critical moments.

Creating a Living Will and Advance Medical Directive

Creating these documents involves reflection, conversation, and completing state-specific paperwork. Here’s a step-by-step process:

Step 1: Clarify your goals and values

Consider what quality of life means to you
Think about your philosophical beliefs regarding medical intervention
Reflect on religious preferences that might influence end of life decisions
Decide what medical conditions would make life not worth prolonging for you

Step 2: Talk to your doctor

Discuss your current health and likely future scenarios
Ask about specific treatments and what they involve
Understand what “terminal illness” and “permanent unconsciousness” mean medically
Request your doctor’s guidance on realistic treatment decisions

Step 3: Talk to your family

Share your values and health care wishes openly
Discuss potential scenarios so there are no surprises
Listen to concerns from a family member who might serve as your agent
Ensure other family members understand who will make decisions

Step 4: Select a healthcare agent

Choose someone you trust completely
Confirm they’re willing to serve and understand the responsibility
Name an alternate agent in case your first choice is unavailable
Have direct conversations about your treatment preferences

Step 5: Complete state-specific forms

Obtain current advance directive forms from official sources
Check your state’s health department website, state bar association, or AARP
Some states have combined forms; others require separate documents
Ensure you’re using forms updated as of 2024-2025, as state laws change

Step 6: Sign with required witnesses and notarization

Most states require two adult witnesses who are not family or beneficiaries
Some states require notarization; others accept witnesses alone
Sign and date all documents clearly
Have witnesses sign the same day in your presence

Step 7: Distribute copies

Give copies to your healthcare agent and alternate
Provide copies to your primary care physician and specialists
Request that copies be scanned into your electronic medical record
Consider registering with your state’s advance directive registry if available
Keep originals in an accessible location (not a safe deposit box)

Practical tips for effective documents:

Use clear, specific language—avoid vague phrases like “heroic measures”
Ensure your living will, advance directive, and medical power of attorney don’t contradict each other
Avoid internal contradictions (don’t say “no feeding tubes” in one section and “maintain nutrition” in another)
Make sure your healthcare agent has read the documents and can access them quickly

Multi-state considerations: If you live in Florida during winter and New York during summer, work with an estate planning attorney to ensure your documents are valid in both states.

Requirements differ—New York requires witnesses, while Florida has specific notarization rules. Having coordinated documents prevents confusion when you need medical care away from your primary residence.

Essential Formalities for Advance Directives Under Florida Law

In our experience with Florida courts, the validity of your documents hinges on strict adherence to Florida Statute Chapter 765. To be legally enforceable in a Florida hospital, your documents must meet these non-negotiables:

The Two-Witness Rule: You must sign in the presence of two adult witnesses.
The Conflict Clause: At least one of your witnesses cannot be your spouse or a blood relative.
Surrogate Restrictions: Your designated Health Care Surrogate cannot act as a witness to the document that appoints them.
Specific Legal Terminology: We use proper legal entity names such as “Designation of Health Care Surrogate” rather than generic “Medical Power of Attorney” to ensure there is no friction with Florida medical providers.

Why Advance Health Care Directives are Critical for Florida Estate Planning

At Lorenzo Law, we believe that comprehensive estate planning is about more than just who gets your house; it is about who speaks for you when you cannot speak for yourself.

Advance health care directives serve as the legal bridge between your medical preferences and the actions taken by health care providers. Without these health care directives in place,

Florida law may default to a hierarchy of decision-makers that you did not choose, potentially leading to family conflict during a crisis.

Identifying Important Differences: Advance Directive vs. Living Will

Understanding the advance directive vs. living will distinction is the first step in protecting your autonomy.

While a living will is restricted to end of life decisions, a broad advance directive allows you to manage health care decisions for non-terminal events, such as a temporary coma or a severe stroke.

In our experience, the most important differences lie in the scope of authority: a living will is a set of instructions, while a complete directive package includes the appointment of a surrogate who can interact with healthcare professionals in real-time.

How Family Members and Health Care Decisions Intersect

We often see a family member struggle to make difficult end of life choices because they lack a valid advance directive to guide them. By documenting your wishes now, you remove the emotional burden from your loved ones.

Healthcare professionals are legally obligated to follow a valid advance directive in Florida, which ensures that your health care remains in the hands of those you trust most rather than being subject to a court-appointed guardian.

The Risk of Verbal Advance Directives in Florida

While some people rely on verbal advance directives—simply telling a relative what they want—these are notoriously difficult for health care providers to verify in a crisis.

Under Florida law, for directives and living wills to be fully enforceable, they should be in writing and properly witnessed.

At Lorenzo Law, we ensure your advance directives and living wills meet every statutory formality to ensure they are never ignored by a hospital’s legal department.

Reviewing and Updating Your Documents

Creating advance health care directives isn’t a one-time task. Regular review ensures your documents reflect your current healthcare wishes and life circumstances.

Recommended review schedule:

Every 2-3 years as a routine check
After major life events: marriage, divorce, death of a named agent
After a new serious diagnosis like cancer, heart failure, or dementia
Following a significant hospital stay that changed your perspective
When moving to a new state

How to revoke and replace old documents:

Complete new forms with current dates
Clearly mark older copies as “REVOKED” with your signature and date
Destroy old copies in your possession when possible
Notify your healthcare agent, alternate, and other family members
Provide new copies to your primary care doctor, specialists, and preferred hospital
Update any electronic records and state registries

Ensure consistency across documents:

Check that your living will, advance directive, and healthcare power of attorney align
Verify they’re consistent with any DNR/DNI or POLST forms created later
Resolve any contradictions before a crisis occurs
Have your healthcare agent review all documents together

Example scenario: James had a heart attack in 2024. Lying in the ICU, he realized he’d rather focus on quality of life than undergo repeated aggressive interventions.

After recovery, he met with an estate planning attorney and revised his directives and living wills to specify comfort care over prolonged ICU treatment if he has another cardiac event.

He gave updated copies to his cardiologist, his daughter (his healthcare agent), and the local hospital’s medical records department.

How Living Wills and Advance Medical Directives Work Together

The strongest planning combines three elements: a detailed living will with specific treatment instructions, a broad advance medical directive covering various medical situations, and a healthcare power of attorney naming someone to interpret and apply your wishes in unforeseen circumstances.

The typical order of operations when you’re incapacitated:

Doctors first check for immediately applicable physician orders (DNR, DNI, POLST)
They then review your advance directive and living will for written guidance
They consult your healthcare agent for decisions not explicitly addressed
Your agent uses knowledge of your values to make judgment calls

Example: How all three elements work together

In 2028, Eleanor, 78, is hospitalized with severe pneumonia. She has advanced dementia and cannot make her own decisions.

Her POLST form (signed in 2026) indicates she wants antibiotics but no intubation
Her living will states she doesn’t want life prolonged if she’s in permanent unconsciousness
Her advance directive names her son as healthcare agent
When doctors propose a risky procedure not covered by her written instructions, her son decides based on conversations they had about her values
The documents work together seamlessly, and Eleanor receives care matching her preferences

Benefits to family and medical professionals:

Reduced guilt for family members who don’t have to guess what you’d want
Fewer disagreements among other family members about treatment decisions
Clearer guidance for doctors during emotional crises
Better alignment between care delivered and your stated values
Lower risk of prolonged ICU stays or unwanted life saving measures

Choosing What You Need: Common Situations

Different people need different documents based on their age, health, and family situation. Here’s guidance for common scenarios:

Healthy adult in their 30s:

Priority: Basic advance medical directive with a named healthcare agent
Consider: Simple living will with general preferences
Why: Even young people can face accidents or sudden illness; naming an agent is essential

Person with chronic illness diagnosed in 2022:

Priority: Comprehensive advance directive plus detailed living will
Include: Specific treatment preferences related to your condition
Consider: POLST if your condition is life-limiting
Why: You have specific medical situations to plan for

Older adult living alone:

Priority: Complete documentation including living will, healthcare proxy, and possibly POLST
Important: Choose a readily available healthcare agent (perhaps not a distant relative)
Consider: Registering documents with state registry and leaving copies with neighbors
Why: No spouse or partner means your agent is critical

Individual with strong religious directives:

Priority: Advance directive clearly stating religious preferences
Include: Specific instructions aligned with your faith tradition
Discuss: Ensure your healthcare agent understands and will honor these preferences
Why: Religious beliefs significantly impact end of life decisions

Minimum recommendation for every adult:

A basic advance medical directive naming a healthcare agent
At least some written treatment preferences (even if brief)
A conversation with your named agent about your values

Next steps:

Talk to your doctor at your next appointment about advance care planning
If your situation is complex (blended family, multiple states, significant assets), consult an estate planning attorney in your state

How Lorenzo Law Evaluates Your Medical Directives

When we sit down with a client at Lorenzo Law, we don’t just look at the forms; we look at the family dynamics. Our professional criteria for a “bulletproof” directive include:

Guardianship Avoidance: We ensure your Advance Directive is robust enough to avoid a “Petition for Determination of Incapacity,” which can be a costly and public court process in Florida.
Statutory Citations: We include specific references to Florida Statute 765.1103 regarding the portability of your wishes across different facilities.
HIPAA Integrations: We ensure your Surrogate has immediate access to your records through integrated HIPAA release language, preventing delays in 2026’s digital medical environments.

Conclusion: Making Your Medical Wishes Clear

A living will focuses on end of life treatment choices when you’re terminally ill or permanently unconscious.

An advance medical directive is the broader planning framework that can include a living will, healthcare power of attorney, psychiatric advance directives, and other components addressing a wider range of medical conditions.

These documents protect your autonomy, give clear guidance to healthcare teams, and support loved ones during emergencies.

Whether you’re facing serious illness, worried about dementia, or simply planning ahead as a responsible adult, having these documents ensures your medical wishes are honored.

Immediate next steps:

Reflect on your values about quality of life, medical intervention, and what makes life worth living
Talk openly with family and your doctor about your preferences
Obtain your state’s current forms from official sources (state health department, bar association, or hospital)
Complete or update your living will and advance directive with proper witnesses and notarization
Share copies with your healthcare agent, alternate, doctors, and preferred hospital

Planning now—in 2024, 2025, or 2026—can greatly reduce confusion and conflict later. Your future self, your family, and your healthcare providers will all benefit from knowing exactly what you want.

These aren’t just legal documents—they’re your voice speaking clearly when you cannot.

Frequently Asked Questions About Florida Medical Directives

Does a Florida Living Will need to be notarized? No, Florida law requires two witnesses (one of whom is not a spouse or blood relative), but notarization is not strictly required by Fla. Stat. § 765.302, though it is often recommended for multi-state portability.
Can my Health Care Surrogate make financial decisions? No. A Health Care Surrogate only handles medical choices. You need a Durable Power of Attorney for financial matters.
What happens if I don’t have these documents in Florida? If you become incapacitated without a Surrogate, a judge may have to appoint a “Proxy” under Fla. Stat. § 765.401, which follows a strict family hierarchy that may not align with your wishes.
Can I change my mind after signing? Yes. You can revoke or amend your directives at any time as long as you have the mental capacity to do so.

Legal Note: This information is for educational purposes only and does not constitute legal advice or an attorney-client relationship. Florida laws are subject to change; always consult with a qualified Florida probate or estate planning attorney regarding your specific situation.

Ready to Protect Your Future? Contact Lorenzo Law Today

Navigating the complexities of advance health care directives and estate planning is not a journey you have to take alone.

We at Lorenzo Law are dedicated to ensuring that your health care decisions are respected and that your family members are spared the burden of making impossible choices without guidance.

Whether you are ready to draft your first valid advance directive or need to update your existing directives and living wills for 2026, we provide the localized, expert insight required to make your documents bulletproof under Florida law.

We are proud to serve clients across the entire Sunshine State. Our firm provides comprehensive legal coverage for all major Florida counties and cities, including:

South Florida: Miami-Dade (Miami), Broward (Fort Lauderdale), and Palm Beach (West Palm Beach).
Central Florida: Orange (Orlando), Hillsborough (Tampa), and Pinellas (St. Petersburg).
North Florida: Duval (Jacksonville), Leon (Tallahassee), and Alachua (Gainesville).
Southwest Florida: Lee (Fort Myers), Collier (Naples), and Sarasota (Sarasota).

No matter where you are located in Florida, we offer the convenience and expertise of a solo practitioner who understands the nuances of local court systems and healthcare professionals statewide.

Don’t wait for a crisis to define your end of life care. Contact us today to secure a plan that honors your legacy and your wishes.

Living Will vs Advance Medical Directive: Estate Planning