Does a Living Will Need to Be Notarized in Florida?

A living will is a written declaration directing the providing, withholding or withdrawal of life prolonging procedures if the principal has a terminal condition, has an end stage condition or is in a persistent vegetative state. Background is in what a living will is.

Section 765.302(1) allows any competent adult to make a living will at any time. The principal signs in the presence of two subscribing witnesses. At least one witness must be neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign, one of the witnesses must sign the principal's name in the principal's presence and at the principal's direction.

The statute contains no notary requirement. Section 765.303 offers a suggested form that a living will may, but need not, follow. That form has lines for the principal's signature and two witnesses, with no notary block.

After signing, section 765.302(2) makes the principal responsible for notifying the primary physician that the living will exists. If the principal is incapacitated on admission to a health care facility, any other person may give that notice, and the physician or facility must promptly make the living will, or a copy, part of the principal's medical records. Under section 765.302(3), a living will signed this way creates a rebuttable presumption of clear and convincing evidence of the principal's wishes. Witness rules for a related document are covered in who can witness a health care surrogate designation.