If you live in Miami and have never put a single estate planning document in place, the health care side is often the easiest and most important place to start. These papers decide who speaks for you and what care you receive if you can’t speak for yourself. The good news: Florida law makes them straightforward, and you don’t need to be wealthy or elderly to benefit.
What “Advance Directive” Actually Means
In Florida, “advance directive” is an umbrella term defined in Chapter 765 of the Florida Statutes. It covers any written or oral instruction about your future health care. For most Miami residents, it boils down to two core documents: a health care surrogate designation and a living will. People sometimes call the surrogate a “health care proxy,” which is the same idea under a different name.
The Florida Health Care Surrogate
A health care surrogate designation names a trusted person to make medical decisions for you when a physician determines you can’t make them yourself. Under Florida law, you can also choose to give your surrogate authority to act immediately, even while you still have capacity, which many families find practical. Your surrogate can talk to your doctors at a hospital like Jackson Memorial or Baptist Health, review records, and consent to or refuse treatment on your behalf.
Choose someone level-headed who can handle pressure and who lives close enough, or communicates well enough, to be reachable. Many Miami households are multilingual and multigenerational, so pick a surrogate who can actually advocate for you with the medical team and the rest of the family.
The Florida Living Will
A living will is your written statement about life-prolonging procedures if you have a terminal condition, an end-stage condition, or a persistent vegetative state. It speaks directly to your doctors about things like artificial life support. It takes the weight off your loved ones by putting your own wishes in writing, so a relative isn’t forced to guess during a crisis.
How to Make It Valid in Florida
Both documents must be signed by you and witnessed by two adults. At least one witness cannot be your spouse or a blood relative. Your named surrogate should not serve as a witness. You do not need a notary for these health care directives, which keeps them simple, but signing carefully and storing them where they can be found matters.
Don’t Forget a Living Will Is Not a POA
Health care directives only cover medical decisions. They do not let anyone manage your bank accounts, pay your bills, or handle your home. For that, Miami residents need a separate durable power of attorney under Chapter 709. Many people set up both at the same time so the financial and medical sides are covered together.
Keeping Them Useful
A directive only works if people can find it. Give copies to your surrogate and your primary doctor, and tell close family where the originals are. Review the documents every few years or after a major life change such as a divorce, a move, or the death of the person you named.
A Note Before You Act
This article is general information, not legal advice. Florida’s requirements have specific details, and your family situation may need tailored language. Before you sign anything, consider speaking with a licensed Florida estate planning attorney in the Miami area who can confirm your documents are valid and reflect exactly what you want.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.