Can my spouse make medical decisions automatically?

Florida has a default order under FS 765.401 ("Surrogate or Proxy") — spouse first, then adult children, parents, etc. But it kicks in only when there's no designated agent, and disagreements among adult children can deadlock decisions. Designating a specific agent in writing eliminates the question.

What's the difference between a living will and DNR?

A DNR (Do Not Resuscitate) is a specific order signed by a doctor about CPR. A living will is broader — it covers continued treatment, feeding tubes, mechanical ventilation, comfort care, and more. Most people want both, but the living will is the planning document.

What if I change my mind?

You can revoke or update at any time. We file the new versions and recommend telling your agent and primary doctor. Some clients update after a major health diagnosis.

← Will & Trust

Every adult — yes, including healthy 25-year-olds

Healthcare Surrogate + Living Will

Medical decisions if you can't make them. End-of-life wishes in writing.

Two documents, one engagement. A healthcare surrogate (also called healthcare power of attorney) names someone to make medical decisions for you if you can't. A living will spells out your wishes for end-of-life care — when to continue treatment, when to let go, your preferences for pain management. Together they cover the medical equivalent of what the durable POA covers financially.

These are arguably the most important documents in estate planning because they affect you, not just your heirs. Every adult should have them by their 18th birthday. Hospitals deal with patients who didn't every day — and the families who have to make decisions in crisis without any guidance carry that weight forever.

Florida has specific forms (FS 765) that hospitals immediately recognize. Out-of-state forms often face friction at the bedside. We draft the Florida statutory versions, with optional custom provisions for unique situations (religious preferences, specific procedures to refuse, organ donation wishes).

The fit

Who qualifies

Every Florida adult — including healthy young adults
Anyone with a healthcare power of attorney from another state
Anyone whose previous agent has died, divorced, or had a falling-out
Parents with adult children — yes, your 19-year-old at college needs one too (you have no automatic authority once they turn 18)
Anyone with strong feelings about end-of-life care that aren't being captured anywhere

The work

What we handle

Your flat fee covers everything below. No surprise invoices, no “billable hours” anxiety — the price is the price.

Healthcare Surrogate Designation (FS 765.202)
Living Will (FS 765.302)
Optional: Designation of Pre-Need Guardian for minor children
Two-witness signing (notary not required for these documents under FL law)
Plain-English memo for your agent
Optional bundle with Durable POA at additional discount

The process

How it works, step by step

01
Discovery call (free, 20 min)
We identify your healthcare agent(s), end-of-life preferences, and any custom provisions. Quickest of our engagements — most calls are 15 minutes.
We handleIf you've struggled to discuss end-of-life care with family, we facilitate. We've had practice.
02
Draft within a week
Florida statutory healthcare surrogate + living will + plain-English memo for your agent. Review at your pace.
We handleEncrypted portal. Same-day responses to questions.
03
Signing meeting (20 min)
Two witnesses required (notary not required under FL law for these documents). In our office or by mobile witness — your call.
We handleWe can do this concurrently with other engagements — often clients sign healthcare and POA in the same meeting.

The pitfalls

What we watch for

Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.

Naming a healthcare agent who can't handle stress. Make sure your person can advocate for you in a medical setting — calmly, clearly, under pressure. Sometimes the right financial agent isn't the right healthcare agent.
Skipping the conversation. The document is half the work. The conversation with your agent — "this is what I'd want, this is when I'd want you to let go" — is the other half. Without it, your agent is guessing in a hospital hallway.
Out-of-state forms at a Florida hospital. Most ICUs accept them eventually, but in the first 48 hours of a crisis, friction can delay treatment. Florida-specific forms eliminate the question.
Adult children without one. The moment your kid turns 18, you have no legal right to make medical decisions for them. We've seen parents shut out of their college kid's emergency room. Get them one as soon as they're 18.
Not telling anyone the document exists. Your agent should have a copy. So should your primary doctor. So should you (a card in your wallet). A document in a desk drawer no one knows about is no help.

The FAQ

Questions families ask us

The healthcare surrogate names *who* makes decisions. The living will spells out *what* decisions you've already made (for end-of-life specifically). Together they cover both the procedural (who's authorized) and the substantive (what you'd want). Most attorneys draft both as one engagement.

— From Rachel

These are the documents we wish every Florida family had before a crisis. They're $200 and take a week. The conversation that comes with them is harder — and more valuable — than the paperwork. We'll help you with both, gently and patiently. The cost of not having them is borne entirely by the people who love you most.