The Short Answer
Advance directives are the documents that control your medical care if you cannot speak for yourself. In Florida the two main ones are a living will (your wishes about life-prolonging treatment) and a health care surrogate (the person you put in charge of medical decisions). Many people call that second one a medical power of attorney or healthcare power of attorney, and in Florida the health care surrogate is exactly that document. A DNR and a HIPAA release round out the set. Together they keep the decision with people you trust, and out of a courtroom.
You may hear these called the directives in an estate plan, or your incapacity planning documents, or simply your medical papers. Same set, same job. They are the part of an estate plan that works while you are alive, and they pair with a durable power of attorney, which does the same thing for your money.
The Documents, Plain English
| Document | What it does |
|---|---|
| Living will | Your written wishes about life-prolonging procedures if you are terminally ill, end-stage, or permanently unconscious. It speaks for you about end-of-life care. |
| Health care surrogate (medical power of attorney) | Names a real person to make your medical decisions whenever you cannot, across any situation. Florida’s name for the medical or healthcare power of attorney. |
| HIPAA authorization | Lets your surrogate and family actually see your medical records and talk to your doctors. Without it, a hospital can refuse. |
| DNR (DNRO) | A specific order, signed with your physician, telling responders not to attempt CPR. A decision to make with your doctor, and not for everyone. |
Living Will vs. Health Care Surrogate: You Want Both
People often think they need to choose. They do not. The living will states your wishes; the surrogate is a person who can respond to whatever the situation actually is, including the many medical decisions a living will never anticipated. The living will guides; the surrogate acts. Having both means your wishes are on record and someone you trust has the authority to carry them out.
Is "Five Wishes" Valid in Florida?
Yes. Five Wishes is a widely used advance directive from the nonprofit Aging with Dignity that combines a living will and a health care surrogate in one plain-language document, and it meets Florida’s requirements when it is signed correctly, in front of two witnesses, at least one of whom is not your spouse or a blood relative. Many people like that it also speaks to comfort and personal wishes. Just know its limits. It covers only your medical care, not your finances (you still need a durable power of attorney) or your estate (a will or trust), and a downloaded form is only as good as how it is completed and witnessed. We will fold a Five Wishes into your plan, or prepare the equivalent Florida documents, and make sure nothing is left uncovered.
Don’t leave your medical voice to a default list, or a judge.
Book a free 30-minute consult. We will prepare your living will, surrogate, and HIPAA release, signed correctly, for a flat $350.
Book your free consultWhy These Matter More Than Your Will
Your will does nothing while you are alive; it only speaks after death, and only about property. Advance directives cover the situation a will cannot. You are alive but cannot make or communicate a medical decision. Without them, Florida falls back on a default list of who decides (spouse, then adult children, and so on), which may not be who you would pick, and in hard cases the family ends up in a court guardianship just to get authority. These documents prevent that, and they pair with a durable power of attorney (which handles your finances) for a complete incapacity plan. If you are putting this in place for an aging parent, our Florida elder law and Medicaid planning overview covers the care side.
Storm season is when that gap tends to surface, because an evacuation or a hospital transfer can put you in front of people who have never met your family and have no way to know who speaks for you. We put the short list of what to have signed before the season in the hurricane-season document checklist.
What It Costs
We prepare the full set, health care surrogate, living will, and HIPAA authorization, for a flat $350 per person, and it is included at no extra charge in our will-based and trust-based plans. The documents must be signed with the right witnesses to be valid, which we handle. See pricing →
Frequently Asked Questions
What Are Advance Directives in Florida?
Advance directives are the documents that say what happens to your medical care if you cannot speak for yourself. In Florida the main two are a living will (your written wishes about life-prolonging treatment if you are terminal or permanently unconscious) and a health care surrogate designation (the person you name to make medical decisions for you). People also use a DNR order and a HIPAA release. Together they make sure your wishes are followed and someone you trust is in charge, without a court getting involved.
Is a Medical Power of Attorney the Same as a Health Care Surrogate?
In Florida, yes, in effect. Many people search for a "medical power of attorney" or "healthcare power of attorney," but Florida’s document for naming someone to make your medical decisions is called a designation of health care surrogate. It does the same job a medical power of attorney does in other states. It puts a person you trust in charge of your health care if you cannot decide for yourself. So if you are looking for a medical or healthcare power of attorney in Florida, the health care surrogate is the document you want.
What Is the Difference Between a Living Will and a Health Care Surrogate?
They work together but do different jobs. A living will states your wishes, mainly whether you want life-prolonging procedures if you are terminally ill, end-stage, or in a persistent vegetative state. A health care surrogate names a person to make medical decisions for you across any situation where you cannot. The living will speaks for you about end-of-life care; the surrogate is a real person who can respond to whatever comes up. Most people should have both.
What Is a DNR in Florida?
A DNR, or Do Not Resuscitate Order (Florida calls it a DNRO), is a specific form, signed by you and your physician, that tells medical providers not to attempt CPR if your heart or breathing stops. It is different from a living will. The living will is your broader statement of wishes, while the DNR is an immediate medical order for emergency responders. A DNR is a decision to make with your doctor, and not everyone needs one.
Is Five Wishes Valid in Florida?
Yes. Five Wishes is a popular advance directive from the nonprofit Aging with Dignity that rolls a living will and a health care surrogate into one plain-language document, and it meets Florida’s legal requirements when you sign it correctly, in front of two witnesses, at least one of whom is not your spouse or a blood relative. People like that it also covers personal and comfort wishes. Two things are worth knowing. It handles only your medical care, not your finances (you still need a durable power of attorney) or your estate (a will or trust), and a downloaded form is only as good as how it is filled out and witnessed. We are glad to fold a Five Wishes into your plan, or prepare the equivalent Florida documents, and make sure nothing is missing.
Why Do I Need Advance Directives if I Already Have a Will?
Because a will does nothing while you are alive. A will only speaks after you die and only about your property. Advance directives are for the situation a will cannot touch. You are alive but unable to make or communicate medical decisions. Without them, your family may have to go to court to be appointed your guardian just to make a medical choice, which is slow, public, and stressful. Advance directives prevent that.
What Happens Without Advance Directives in Florida?
If you become unable to make medical decisions and have not named a surrogate, Florida law provides a default order of people who can decide for you (a "proxy"), starting with a spouse, then adult children, and so on, which may not be who you would have chosen and can cause family conflict. In harder cases, the family ends up in a court guardianship just to get authority. Naming your own surrogate and stating your wishes in advance keeps the decision with the people you trust.
How Much Do Florida Advance Directives Cost?
We prepare a complete set, the health care surrogate designation, living will, and HIPAA authorization, for a flat $350 per person, and they are usually included in our will-based and trust-based plans at no extra charge. The documents have to be signed with the right witnesses to be valid, which we handle. The free 30-minute consult is where we make sure they say what you actually want.
Common Situations
The "I just need a medical power of attorney." A client asks for a medical power of attorney and is surprised Florida calls it a health care surrogate. It is the same thing; we prepare it along with a living will so both her wishes and her decision-maker are covered.
The hospital that would not talk. A daughter could not get information about her hospitalized mother because there was no HIPAA release or surrogate on file. With those documents, that conversation happens immediately.
The avoided guardianship. An aging father signs a surrogate and living will while he is clearly competent. When his health later declines, his family makes decisions smoothly, with no court guardianship needed.
The directives from up north. A retired couple moved to Venice with advance directives they had signed in Michigan fifteen years earlier. Under Florida law an out-of-state directive is valid here if it met that state’s rules, so they were not unprotected, but their documents named an alternate who had since died and said nothing about records access. Valid is not the same as current. Once they became Florida residents, we prepared a fresh Florida set naming the right people, so no hospital has to puzzle over an old form at a bad moment.
Sources of Law
- Fla. Stat. ch. 765 (Health Care Advance Directives): §765.302 (living will), §765.202 (designation of health care surrogate), §765.401 (default proxy when no surrogate). flsenate.gov (retrieved 2026-06-08)
- DNRO: Fla. Stat. §401.45 and Fla. Admin. Code 64J-2.018. HIPAA authorization: 45 C.F.R. §164.508.
Updated on August 19, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. The right directives depend on your wishes and facts. Do not send confidential information until we have agreed to represent you.
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