Florida Statute 765.302
“Procedure for making a living will; notice to physician”
What it means
Any competent adult may, at any time, make a living will or written declaration directing the providing, withholding, or withdrawal of life-prolonging procedures if the person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state.
A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign, one of the witnesses must subscribe the principal's signature in the principal's presence and at the principal's direction.
The principal is responsible for providing for notification to the primary physician that the living will has been made. If the principal is physically or mentally incapacitated when admitted to a health care facility, any other person may notify the physician or facility. A physician or facility that is notified must promptly make the living will, or a copy, part of the principal's medical records.
A living will executed under this section establishes a rebuttable presumption of clear and convincing evidence of the principal's wishes.
- Any competent adult may make a living will at any time (§ 765.302(1)).
- It addresses life-prolonging procedures in three conditions: terminal condition, end-stage condition, or persistent vegetative state (§ 765.302(1)).
- It must be signed before two subscribing witnesses, one of whom is neither a spouse nor a blood relative (§ 765.302(1)).
- If the principal cannot sign, one of the witnesses subscribes the principal's signature in the principal's presence and at the principal's direction (§ 765.302(1)).
- The principal is responsible for notifying the primary physician; if the principal is incapacitated at admission, any other person may notify the physician or facility (§ 765.302(2)).
- A notified physician or facility must promptly make the living will part of the medical records, and a properly executed living will creates a rebuttable presumption of the principal's wishes (§ 765.302(2)-(3)).
Text of the statute (2026)
(1) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal’s signature in the principal’s presence and at the principal’s direction.
(2) It is the responsibility of the principal to provide for notification to her or his primary physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. A primary physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal’s medical records.
(3) A living will, executed pursuant to this section, establishes a rebuttable presumption of clear and convincing evidence of the principal’s wishes.
Excerpts are the subsections the summary relies on. Read the full official text of § 765.302.
History. s. 4, ch. 92-199; s. 1147, ch. 97-102; s. 25, ch. 99-331; s. 14, ch. 2015-153.
How it applies
The section lists the signing and witness requirements and does not mention a notary. The document is effective only for the three conditions named in subsection (1).
Subsection (2) places the duty to notify the primary physician on the principal and allows any other person to give notice if the principal is incapacitated at admission. Once a physician or facility is notified, the living will or a copy must promptly become part of the medical record.
Where this shows up
Pages on this site where § 765.302 does real work:
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Health care surrogate and living will in Florida: signing rules, powers, limits and who decides without one
- Free Florida Living Will Form
- Healthcare Surrogate + Living Will
- Casey Kasem
Questions people ask
Sources
- Florida Statutes (2026), s. 765.302, Florida Senate (Supports subsections (1) to (3): who may make a living will, execution, physician notification, and the presumption.)
- Online Sunshine, Florida Statutes (2026), s. 765.302 (Text, catchline, and History line checked against this page on 2026-10-17: A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.