Edwin Peck, Attorney at Law
Living Will- Florida
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765.303  Suggested form of a living will.—
(1)  A living will may, BUT NEED NOT, be in the following form:
Declaration made this _____ day of _____,  (year) , I, __________, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare that, if at any time I am incapacitated and
     (initial)______  I have a terminal condition
or  (initial)______ I have an end-stage condition
or  (initial)______  I am in a persistent vegetative state
and if my attending or treating physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
It is my intention that this declaration be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and to accept the consequences for such refusal.
In the event that I have been determined to be unable to provide express and informed consent regarding the withholding, withdrawal, or continuation of life-prolonging procedures, I wish to designate, as my surrogate to carry out the provisions of this declaration:
Name: ____________________________________________________
Address: __________________________________________________
Zip Code: ___________
Phone:____________________
I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration.
Additional Instructions (optional):
 
 
___________________________                
(Signed)
 
___________________________
Witness
Address_____________________
Phone__________________
___________________________
Witness
Address______________________
Phone____________
765.302 F.S. (2006)  Procedure for making a living will; notice to physician.—
(1)  Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal's signature in the principal's presence and at the principal's direction.
(2)  It is the responsibility of the principal to provide for notification to her or his attending or treating physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. An attending or treating physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal's medical records.
(3)  A living will, executed pursuant to this section, establishes a rebuttable presumption of clear and convincing evidence of the principal's wishes