Living Will vs. Health Care Surrogate – What’s the Difference in Florida?
Living Will vs. Health Care Surrogate – What’s the Difference in Florida?
Introduction
When planning for future medical care, two essential legal documents come into play: the Living Will and the Designation of Health Care Surrogate. In Florida, both protect your medical wishes—but they serve different purposes.
Knowing the difference between the two can ensure that your end-of-life care is respected and that the right person is empowered to speak for you when you can’t.
What Is a Living Will?
A Living Will outlines the types of medical treatment you do or do not want if you become terminally ill, in a persistent vegetative state, or otherwise unable to communicate your wishes.
It covers decisions like:
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Use of life-prolonging machines
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Artificial nutrition or hydration
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Do-not-resuscitate (DNR) preferences
What Is a Health Care Surrogate Designation?
This document allows you to appoint someone—your health care surrogate—to make medical decisions for you if you are incapacitated.
Your surrogate can:
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Authorize or refuse treatments
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Access your medical records
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Speak directly with healthcare providers
Key Differences: Living Will vs. Health Care Surrogate
| Feature | Living Will | Health Care Surrogate |
|---|---|---|
| Purpose | Medical treatment preferences | Appoints decision-maker |
| Effective | Only in specific end-of-life conditions | Any time you’re incapacitated |
| Includes Decisions On | Life support, DNR, artificial nutrition | All health care decisions |
| Names a Person? | No | Yes |
Why You Need Both
Together, these two documents ensure:
✅ Your medical wishes are known in writing
✅ A trusted person can act on your behalf
✅ Family members are not left guessing
Final Thoughts
Every adult in Florida should have both a Living Will and a Health Care Surrogate Designation. These tools help protect your health, your values, and your peace of mind.
📞 Need help getting started? Our estate planning attorneys can draft both documents to ensure full legal protection.