Advance Directives
Florida Advance Directives: What Every South Florida Adult Needs
Advance directives are a set of four legal documents that record your healthcare wishes and designate trusted people to carry them out when you cannot speak for yourself. Under Florida Statute §765.101, an advance directive is any witnessed written or oral statement that expresses your desires about healthcare decisions or authorizes another person to make those decisions on your behalf.
Future healthcare planning means deciding today what medical treatment you want and who speaks for you if illness, injury, or cognitive decline removes your ability to communicate. Attorney Schoonover prepares all four Florida advance directives as a coordinated package so every situation is covered and no document conflicts with another.
Florida law does not automatically give your spouse, your children, or your closest family members the legal authority to make medical or financial decisions for you if you become incapacitated. Without valid advance directives, Florida courts get involved. A guardianship proceeding under Chapter 744 takes months to open, costs $3,000 to $5,000 in legal fees to initiate, and removes many of your rights for as long as it remains active.
Documents in the Package
Living will, healthcare surrogate designation, durable power of attorney, and preneed guardian designation all reviewed and drafted together.
Any Adult Can Become Incapacitated
A car accident, stroke, sudden diagnosis, or cognitive decline can trigger a medical crisis requiring someone to act on your behalf immediately.
Guardianship Cost Without These Docs
Court-supervised guardianship costs $3,000 to $5,000 in legal fees to initiate and that figure does not include ongoing annual compliance costs.
Court Proceedings With These Docs
A complete set of properly executed advance directives eliminates the need for court-supervised guardianship in most circumstances.
The Four Florida Advance Directives: What Each One Does
Each document addresses a different type of decision. Together they cover every situation your family could face during incapacity.
Document 1: Living Will
A written legal declaration that records your preferences for specific medical treatments in three defined medical conditions: a terminal illness, an end-stage condition, and a persistent vegetative state.
-
Takes effect only when 2 physicians certify your condition in writing
-
Addresses mechanical ventilation, artificial nutrition, CPR, dialysis, antibiotics
-
Can express organ donation wishes
-
Requires 2 witnesses: 1 must not be a spouse or blood relative
-
Notarization not required under Florida Statute §765.302
Document 2: Healthcare Surrogate Designation
Appoints one specific person to make all medical decisions for you when you cannot make them yourself the person you trust most to advocate for your values under pressure, not whoever happens to be first on a statutory list.
-
Overrides the Florida proxy statute priority list under §765.401
-
Surrogate can consent to or refuse any medical treatment
-
Grants full HIPAA access to protected health information no separate form needed
-
Allows naming a successor surrogate if primary is unavailable
-
Requires 2 witnesses and notarization under §765.203
Document 3: Durable Power of Attorney
Covers financial and legal decision-making during incapacity. While your healthcare surrogate handles medical decisions, your attorney-in-fact manages your finances, pays your bills, handles real estate transactions, and keeps your affairs running.
-
Governed by Florida Statutes Chapter 709
-
Can take effect immediately or upon incapacity depending on drafting
-
Manages bank accounts, investments, and real estate
-
Eliminates the need for a guardian of the property in most cases
-
Requires 2 witnesses and notarization under §709.2105
Document 4: Preneed Guardian Designation
Names your preferred guardian in advance, to take effect only if you later become incapacitated and a court must appoint a guardian. Gives you direct control over who manages your affairs during future incapacity.
-
Filed in the Florida circuit court where property is located
-
Must be signed before 2 witnesses and a notary
-
Florida courts give the designation significant weight in appointment
-
Reduces contested guardian selection if family members disagree
-
Allows naming a successor preneed guardian
How Florida Advance Directives Work Together as a Complete Plan
Each document fills a specific gap. Together they ensure every healthcare and financial decision is covered and no situation leaves your family without legal authority to act.
Tells your surrogate and physicians exactly what you want on specific end-of-life procedures no guesswork, no family conflict
Gives your chosen person legal authority to implement your living will and make every other medical decision it doesn't cover
Keeps your finances running bills paid, accounts managed, real estate handled while your surrogate focuses on your medical care
Names your preferred guardian in advance so a court has your guidance if guardianship proceedings ever become necessary
Attorney Schoonover reviews all four documents together as a single plan. Your living will, healthcare surrogate designation, durable power of attorney, and estate planning documents are drafted so no instruction conflicts with another and no decision falls through the cracks. Most online templates and many general practice attorneys draft each document in isolation without reviewing how they interact.
What Happens When Each Document Is Missing
Each missing document creates a different legal gap and Florida courts fill every one of them on their own schedule, not yours.
No Living Will
Your healthcare surrogate must make end-of-life decisions without written guidance from you. This places an enormous and often paralyzing emotional burden on the people who love you most and creates conflict when family members disagree.
No Healthcare Surrogate
Florida activates the proxy statute under §765.401 a ranked statutory list starting with a court-appointed guardian, then your spouse, then your adult children. You have no legal input into who that person is or whether they share your values.
No Durable Power of Attorney
Florida courts must appoint a guardian of the property to manage your finances during incapacity. That proceeding costs $3,000 to $5,000 to initiate and requires annual court accountings for as long as it remains active.
No Preneed Guardian Designation
If a guardianship proceeding becomes necessary, the court selects the guardian from the statutory list without your input. Family members who disagree can contest the appointment, adding months and thousands of dollars to the process.
Florida Advance Directive Execution Requirements
Each document has different signing requirements under Florida law. This is one of the most common reasons advance directives prepared from online templates fail the requirements are different for each document and easy to miss.
| Document | Witnesses Required | Notarization | Special Requirements |
|---|---|---|---|
| Living Will | 2 adult witnesses | Not Required | At least 1 witness must not be a spouse or blood relative. Can be executed during a hospital stay. |
| Healthcare Surrogate Designation | 2 adult witnesses | Required | Must include HIPAA access language. Surrogate cannot serve as a witness. Governed by §765.203. |
| Durable Power of Attorney | 2 adult witnesses | Required | Attorney-in-fact cannot serve as a witness. Must specify whether it is immediately effective or springing. Governed by §709.2105. |
| Preneed Guardian Designation | 2 adult witnesses | Required | Court gives designation significant weight but retains appointment authority. Governed by §744.3045. |
She oversees every signing ceremony personally to ensure that witness sequencing, notarization, and execution requirements under Florida Statutes §765.202, §765.302, §709.2105, and §744.3045 are all met correctly. A document that fails the execution requirement is unenforceable at exactly the moment a family needs it most.
- Super Lawyers Rising Stars 2021 through 2026
- 2024 Elite Lawyer Award
- Florida Bar #124081, admitted September 2016
Why Families Choose Attorney Schoonover
Attorney Yanitza Schoonover, Florida Bar #124081, brings 13 years of Florida estate law experience to every set of advance directives she prepares. Her practice is the only area of elder law planning where the execution requirements, the statutory coordination between documents, and the real-world consequences of errors are equally high stakes.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why Choose The Schoonover Law Firm for Advance Directives
A living will that fails the witness requirement is unenforceable at exactly the moment a family needs it most. Here is what families get when they work with this firm.
Attorney-Drafted Personally
Yanitza Schoonover, Florida Bar #124081, personally prepares and reviews every advance directive.
All Four Reviewed as One Plan
All four documents reviewed together so no document conflicts with another and no gap exists in your legal coverage.
Flat Fee for Estate Planning
All fees confirmed in writing before any work begins. No hourly billing. No surprises.
Signing Ceremony Overseen Personally
Every witness, notarization, and execution requirement under Florida law is handled correctly the first time not discovered as a defect after death.
HIPAA Access Included
Every healthcare surrogate designation includes proper HIPAA language so your surrogate can communicate with hospitals immediately no separate form needed.
Bilingual, English and Spanish
Full preparation and consultation in Spanish. Hablamos español. Monday through Sunday, 8:00 AM to 9:00 PM.
Areas We Serve
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126.
Miami-Dade County
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Broward County
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Palm Beach County
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Frequently Asked Questions About Florida Advance Directives
What is the difference between a living will and a healthcare surrogate designation in Florida?
A living will records your specific medical preferences in writing for defined end of life situations what procedures you want or do not want when you have a terminal condition, end-stage condition, or are in a persistent vegetative state.
A healthcare surrogate designation names the person who makes all other medical decisions on your behalf when you cannot. Most Florida families need both documents because the living will speaks for you on the specific situations you addressed, and the surrogate handles every medical decision your living will does not cover. Attorney Schoonover prepares both as a coordinated package.
Are Florida advance directives the same as a will?
No. Advance directives govern healthcare decisions while you are alive but incapacitated. A last will and testament governs the distribution of your property after you die. They are completely different legal documents serving completely different purposes. Every complete Florida estate plan includes both.
Do Florida advance directives need to be notarized?
It depends on the document. A living will requires two witnesses but does not require notarization under Florida Statute §765.302. A healthcare surrogate designation requires two witnesses and notarization under Florida Statute §765.203.
A durable power of attorney requires two witnesses and notarization under Florida Statute §709.2105. This is one reason why advance directives prepared from online templates frequently fail the execution requirements are different for each document and are easy to miss if you are not familiar with Florida law.
Can I name anyone as my healthcare surrogate in Florida?
Any mentally competent adult over the age of 18 can serve as your healthcare surrogate in Florida. They do not need to be a family member or a Florida resident. What matters far more than legal qualification is personal judgment.
Your surrogate needs to understand your values, have the emotional strength to advocate for those values under pressure in a hospital setting, and be willing to follow your instructions even when other family members disagree. Florida law also allows you to name a successor surrogate who steps in if your primary surrogate is unavailable or unwilling to serve.
When do Florida advance directives take effect?
Your healthcare surrogate designation takes effect when your attending physician determines in writing that you lack the capacity to make your own healthcare decisions under Florida Statute §765.204. Your durable power of attorney takes effect immediately upon signing or upon incapacity depending on how it is drafted.
Your living will takes effect only when two physicians certify in writing that you have a terminal condition, an end-stage condition, or are in a persistent vegetative state, and that no medical treatment can restore you to a meaningful quality of life under Florida Statute §765.305.
Can I update my advance directives after signing them?
Yes, at any time as long as you have legal capacity. Florida law allows revocation of a living will by signing a new declaration, physically destroying the original, or orally expressing your intent to revoke to your attending physician.
A healthcare surrogate designation can be revoked by any similar clear expression of intent. Attorney Schoonover recommends reviewing all four advance directives whenever you experience a significant change in health, family circumstances, or personal values about medical treatment and at minimum every three to five years.
Do you offer advance directive consultations in Spanish?
Yes. All consultations and document preparation are fully available in Spanish. Hablamos español. Llámenos al (305) 299-7496.
Ready to Protect Your Healthcare Wishes?
Call (305) 299-7496 or email info@estateplanningattorney.us. Attorney Schoonover reviews your situation, your family structure, and your healthcare values in the first consultation. All four documents are drafted and reviewed together. A flat fee quote is delivered before any work begins.
Attorney Schoonover also drafts wills, revocable living trusts, and Lady Bird Deeds as part of a complete Florida estate plan so your advance directives are fully coordinated with your asset transfer planning.
Start With a Free Consultation
-
Email info@estateplanningattorney.us
-
Schedule a Free Consultation at estateplanningattorney.us
-
In-person meetings by appointment only.
-
English and Spanish, Hablamos Español
-
Flat fee for estate planning, fee quote provided before any work begins
