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Chapter 765 — Advance Directives & Anatomical Gifts

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.

— What it says
  • 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)

§ 765.302(1)
(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.
§ 765.302(2)
(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.
§ 765.302(3)
(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.

— In a Florida probate

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.

Questions people ask

Does a Florida living will need a notary?
Section 765.302(1) requires the principal's signature in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative. The section does not mention a notary.
Who has to tell the doctor about a Florida living will?
The principal is responsible for notifying the primary physician (§ 765.302(2)). If the principal is incapacitated when admitted to a facility, any other person may notify the physician or facility, which must promptly make the living will part of the medical records.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 765.302

Published by the Probate.Help editorial team.How these pages are written and checked.

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