The Adams Law Firm, P.A.

​FloridA Estate planning, Florida Probate & Guardianship

(407) 270-3724

Questions and Answers on Florida Living Wills

Q: What Is The Difference In A Will And A Living Will?

A: A living will relates to medical care and your directives while you are alive but unable to communicate your desires. A will relates to your property after your death. 

Q: How Do I Revoke A Living Will?

A: A living will (known as a health care directive) may be revoked at any time by the declarant without regard to declarant's mental state or competency, and may be revoked by any of the following methods: 
a. By being canceled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in declarant's presence and by declarant's direction; 
b. By a written revocation of the declarant expressing declarant's intent to revoke, signed, and dated by the declarant (this revocation becomes effective upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's medical record the time and date when said physician received notification of the written revocation); or 
c. By a verbal expression by the declarant of declarant's intent to revoke the directive (this revocation becomes effective only upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when said physician received notification of the revocation).

Florida Living Will

The Adams Law Firm, P.A. recommends everyone speak to a Probate and Estate Planning attorney about their Advanced Directives. "Advance directive” means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal’s desires are expressed concerning any aspect of the principal’s health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift.

The Florida Supreme Court has approved forms for use related to advanced directives, but we recommend that you speak to an experienced attorney to help draft these documents, along with wills, trusts, or other estate planning documents. 


For more information, see the following helpful links: 
Florida Statutes Chapter 765 HealthCare Advanced Directives
Florida Bar