When James Okafor was hospitalized after a car accident near Orlando and could not speak for himself, his family did not have to guess about his wishes or argue with doctors. Years earlier, James had signed a set of Florida advance directives. His daughter simply produced the documents, and the medical team knew exactly who could make decisions and what James wanted. Here is how those directives work in Florida.
What Are Advance Directives?
In Florida, “advance directives” is the umbrella term, governed by Chapter 765 of the Florida Statutes, for the documents that speak for you when you cannot speak for yourself about medical care. The two core pieces are a designation of health care surrogate and a living will. Together they cover both who decides and what they decide.
The Health Care Surrogate (Florida’s Version of a Proxy)
What other states call a health care proxy, Florida calls a designation of health care surrogate. In this document, James named his daughter to make medical decisions and consent to or refuse treatment on his behalf. The designation must be signed by two adult witnesses, and at least one witness cannot be the spouse or a blood relative. Notably, the person you name as surrogate cannot serve as one of your witnesses.
Surrogate Authority While You Are Still Competent
Florida law allows you to grant your surrogate authority to act immediately, even while you still have capacity, if you choose that option in the form. This can be convenient, but most people prefer the surrogate to step in only once a physician determines they lack capacity. James chose the standard approach, so his daughter’s authority activated only when doctors confirmed he could not make his own decisions.
The Living Will
A living will is where James documented his wishes about life-prolonging procedures if he were ever in a terminal condition, an end-stage condition, or a persistent vegetative state. It addresses choices like artificial nutrition, hydration, and mechanical ventilation. Because James had written these instructions down, his surrogate was guided by his actual values rather than forced to decide in an emotional vacuum. The living will also requires two witnesses under the same rules.
HIPAA Access and Other Tools
James also signed a HIPAA authorization so his surrogate could access his medical records, information the surrogate needs to make informed decisions. Some Florida residents add a Do Not Resuscitate Order (DNRO), which in Florida must be on the state’s distinctive yellow form and signed by a physician to be honored by emergency responders. These are separate from the advance directives but often discussed together.
Keep Them Accessible
The Okafors did one more thing right: they kept copies where they could be found. A directive locked in a safe-deposit box during a 2 a.m. emergency helps no one. James gave copies to his surrogate, his physician, and kept one with his other estate documents. Florida even allows you to register an advance directive with your medical provider’s records.
Talk to a Florida Attorney
Florida’s witnessing rules and the interplay between surrogate designations, living wills, and DNR orders trip up many do-it-yourself forms. Consult a licensed Florida estate planning attorney to prepare advance directives that meet Chapter 765 requirements and truly reflect your wishes, so your family is as prepared as the Okafors were.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.