Basic living trust information

Living wills

Living wills are written declarations directing the provision, the withholding or withdrawal of life prolonging procedures during terminal situations.

A living will has two parts. The first states when the living will goes into effect. The second lists the treatments to be administered or withheld. Many living wills include language instructing treatment to reduce pain.

Before life prolonging procedures can cease, two independent physicians must agree and document in the patient's medical records that a terminal condition, an end-stage condition, or a persistent vegetative state exists.

In Florida, a living will must be signed by the maker and witnessed by two people, one of who must not be a spouse nor a blood relative. If the living will's creator is unable to sign, one of the witnesses may sign at the direction and in presence of the maker.

Living wills from other states are valid if in compliance with e laws of that state or if it is in compliance with Florida laws.

A copy of the living will should be provided to the physician and another to the medical power of attorneys / health care surrogates.

Free living will forms are available on the Florida state bar website.


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