No one likes to imagine being unable to speak for themselves in a hospital. But for Miami families, putting the right health care documents in place is an act of love that spares everyone painful uncertainty. Here are the questions we hear most.
What is an advance directive?
In Florida, “advance directive” is an umbrella term for instructions you give in advance about your medical care, recognized under Chapter 765 of the Florida Statutes. The two core documents are the designation of health care surrogate and the living will. Together they let you choose who decides and what you want decided.
What is a health care surrogate?
A health care surrogate is the person you appoint to make medical decisions for you if you cannot make them yourself. In some states this is called a “health care proxy,” but in Florida the legal term is surrogate. Your surrogate can speak with doctors at Jackson Memorial, Baptist Health, or any Miami hospital, review your records, and consent to or refuse treatment on your behalf, consistent with your wishes.
Can my surrogate act before I’m incapacitated?
Florida lets you choose. By default, the surrogate’s authority begins when a physician determines you lack capacity. However, you may sign a designation that allows your surrogate to access your medical information and even make decisions immediately, while you are still competent, which can be helpful for spouses or adult children coordinating ongoing care.
What does a living will do?
A living will states your wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It speaks for you about whether you want artificial life support, feeding tubes, or hydration in those specific circumstances. It removes the burden of guesswork from your family during a heartbreaking time.
How must these documents be signed in Florida?
Florida requires that these directives be signed in the presence of two adult witnesses. Importantly, at least one witness must not be your spouse or a blood relative. Notarization is not required for health care directives, but the witness rule must be followed carefully or the document can be challenged.
What if I want to be an organ donor or have a DNR?
You can express organ and tissue donation wishes within your advance directives or through the state registry. A Do Not Resuscitate Order (DNRO) is a separate medical form, signed by a physician, printed on the state’s distinctive yellow paper so first responders in Miami-Dade recognize it instantly. Your attorney can help coordinate these with your broader plan.
What happens if I have nothing in place?
Without a surrogate designation, Florida law provides a default list of people, called proxies, who may decide for you, starting with a spouse, then adult children, and so on. The problem is that this list may not reflect your wishes, and it can spark conflict among relatives. Naming your own surrogate avoids leaving the choice to a statute.
The bottom line
A health care surrogate designation and a living will give you a voice when you cannot speak and give your Miami family clear direction when they need it most. Because the witnessing rules are strict and your wishes are deeply personal, consult a licensed Florida estate planning attorney to make sure your advance directives are valid and truly reflect what you want.