FL · LVG-WILL · Updated July 2026 · Free
Florida Living Will
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Florida at a glance: Witnesses Required: 2 witnesses (at least 1 disinterested) · Notary Required: No (cannot substitute for witnesses) · Governing Law: Fla. Stat. § 765.302
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Overview
Living Wills in Florida
Florida living wills are governed by Chapter 765 of the Florida Statutes. A living will must be signed in the presence of at least two witnesses, at least one of whom must be a disinterested witness (not a spouse or blood relative of the declarant).
Unlike other states, Florida does not require notarization for a living will to be valid, and **notarization cannot substitute for the witness requirement** — two witness signatures are always mandatory.
Key Facts
Florida Living Will — Quick Reference
| Requirement | Florida Rule |
|---|---|
| Witnesses Required | 2 witnesses (at least 1 disinterested) |
| Notary Required | No (cannot substitute for witnesses) |
| Governing Law | Fla. Stat. § 765.302 |
Legal Requirements
Florida Legal Requirements
- Must be signed in the presence of two witnesses.
- At least one witness must be someone other than a spouse or blood relative.
- The designated healthcare surrogate cannot sign as a witness.
Governing Laws
Florida Governing Laws
Fla. Stat. § 765.302
Living Will Execution
Establishes the requirement for a living will to be in writing, signed by the declarant, and attested by two witnesses.
Fla. Stat. § 765.202
Surrogate Designation
Regulates the designation and execution of a health care surrogate.
Read the full text of these laws at Cornell Law School's Florida legal resources or your state legislature's official website.
Questions & Answers
Florida Living Will — Frequently Asked Questions
Does a Florida living will need to be notarized?
No. Florida law does not require notarization for a living will. However, you must have two witness signatures, and at least one witness cannot be a spouse or relative.
What is the role of a surrogate in Florida?
A healthcare surrogate is a person you designate to make medical decisions for you if you are unable to do so. They must act in accordance with the wishes stated in your living will.