These are the documents that speak for you when you can’t speak for yourself — who makes your medical decisions, and what you want done.
Nobody enjoys this conversation. But the families who avoid it end up having a harder one: standing in a hospital corridor, disagreeing about what their mother would have wanted, with no way to know. The document doesn’t just direct your care. It spares the people you love from guessing.
A healthcare surrogate designation names the person who makes medical decisions on your behalf. They talk to your doctors, consent to or refuse treatment, choose facilities, and access your records. They’re your voice.
A living will states what you want in specific end-of-life situations — whether you’d want life-prolonging procedures if you had a terminal condition, an end-stage condition, or were in a persistent vegetative state. It’s your instructions.
You need both. The surrogate handles the thousand decisions no document could anticipate. The living will handles the few that matter most, and takes the weight of those particular choices off your family’s shoulders.
The hardest part isn’t the paperwork. It’s deciding what you actually want, and then telling the person who’ll have to carry it out. I walk clients through the specific scenarios Florida law addresses, in plain language, without rushing.
Franklin County has a real practical consideration here: the nearest hospitals are in Tallahassee and Panama City. If something happens, your surrogate may be making decisions by phone with people they’ve never met. Documents that are clear, accessible, and easy to produce matter more here than in a city.
Names a person.
States your wishes.
What happens by default.
Free consultation, no obligation. These documents are part of every will package I prepare, and I’m glad to handle them on their own.
The surrogate is a person who makes decisions for you. The living will is a document stating what you want in specific end-of-life situations. The surrogate handles everything the living will doesn't cover.
Effectively yes — Florida calls it a Designation of Healthcare Surrogate. Other states use different names for the same idea.
Yes. Most medical decisions don't involve end-of-life care, so the living will alone leaves enormous gaps. And a surrogate without a living will is left guessing about the hardest choices.
No. Florida keeps them separate. A financial POA can't consent to treatment or access medical records.
Someone who can stay calm in a hospital, ask hard questions, and follow your wishes even when other family members push back. It's often not the person who loves you most — it's the person who can hold steady.
Frequently, but not automatically. Consider whether they'd be able to make a difficult decision while frightened. Some people would rather name an adult child or a close friend, with the spouse as successor.
Florida allows one surrogate at a time, with successors named in order. That's deliberate — medical decisions often can't wait for consensus.
That's permitted and increasingly common. Make sure they can be reached quickly and that your providers have their contact information on file.
Traditionally when a physician determines you lack capacity. Florida also permits pre-incapacity access, letting your surrogate speak with doctors and receive records while you're still capable — useful for anyone managing an ongoing condition.
Always, as long as you have capacity. The surrogate only acts when you can't.
Federal privacy law prevents providers from sharing your records without permission. A HIPAA authorization is what lets your surrogate actually get the information they need to decide anything. Without it, they're making choices blind.
Anytime, in writing or by clearly stating it. Tell your surrogate and your providers, and replace the document.
That's the conversation we'd have. Florida law addresses terminal conditions, end-stage conditions, and persistent vegetative states, and asks whether you'd want life-prolonging procedures withheld or withdrawn, including artificial nutrition and hydration. There's no right answer — only your answer.
No. A Do Not Resuscitate Order is a separate medical order signed by a physician on a specific yellow Florida form, and it governs what happens if your heart stops. A living will covers a broader set of circumstances. Your doctor handles the DNR.
Give copies to your surrogate, your primary doctor, and any hospital where you're likely to be treated. Keep the originals somewhere accessible — not a safe deposit box, which nobody can open at 2am. I provide digital copies and a wallet card for exactly this reason.
Yes. A properly executed Florida healthcare directive is valid at any Florida facility. Having a copy ready to send electronically is what actually makes the difference in a hurry.
Florida generally honors out-of-state advance directives, but the terminology and forms differ enough to create confusion in an emergency. If you live here or spend significant time here, Florida documents are worth having.
Not necessarily. The standard is whether they can understand the document and communicate a choice — which many people retain well into a diagnosis. Worth a conversation soon rather than later.
Healthcare directives cover your medical care. They don’t touch your finances or your property.
Powers of Attorney — who manages your money if you can’t
Wills — who receives what after you’re gone
Trusts — for larger or more complicated estates
Free consultation, no obligation. I’d rather you understand the tradeoffs than sign something you don’t need.
