Library of Free Forms

    The firm believes very strongly that every individual should appoint a health care surrogate (essentially a medical power of attorney for use during temporary or permanent mental incapacity) and consider having a living will (an advance directive concerning death).

    As a courtesy to benefit the general public, each of these two forms is available in the library. The library forms are the statutory forms and they are not necessarily the forms which the firm generally uses and obviously have not been modified to meet individual circumstances.

    It is essential that the documents be properly executed and then held in a safe but readily accessible location known to the surrogate.

Health Care Surrogate

Florida Statutes Section 765.202 addresses the health care surrogate and provides:

(1) A written document designating a surrogate to make health care decisions for a principal shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal's name as required herein. An exact copy of the instrument shall be provided to the surrogate.
(2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal's spouse nor blood relative.

Living Will

Florida Statutes Section 765.302 addresses the living will and provides:

(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.