FL · LVG-WILL · Updated July 2026 · Free

Florida Living Will PDF

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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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

RequirementFlorida Rule
Witnesses Required2 witnesses (at least 1 disinterested)
Notary RequiredNo (cannot substitute for witnesses)
Governing LawFla. 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.