Planning for the future isn’t just about finances—it’s also about your health. Advance directives give you control over the medical decisions that affect your life, even if you can’t speak for yourself. Whether you’re young and healthy or managing ongoing health concerns, having an advance directive in place ensures your wishes are respected when it matters most.

At McNary Law, we assist individuals and families in Bradenton, Sarasota, and Lakewood Ranch with preparing these vital documents—many of which can be completed remotely for your convenience.

What Is an Advance Directive?

Under Florida Statutes Chapter 765, an advance directive is a written or oral statement that outlines your wishes regarding medical treatment or names someone to make decisions for you if you are unable to do so yourself.

This can include several types of documents:

Living Will – States your preferences about life-prolonging procedures if you are terminally ill or in a persistent vegetative state.
Health Care Surrogate Designation – Names a trusted person to make medical decisions on your behalf.
Do Not Resuscitate Order (DNR) – A specific order directing medical professionals not to perform CPR if your heart stops.
Anatomical Gift Declaration – Indicates your choice to donate organs or tissues after death.

Having these documents in place ensures that your healthcare providers and loved ones know your preferences—and that those preferences are legally recognized.

Why Advance Directives Matter

Advance directives are about empowerment. They allow you to:

Stay in control of your health care decisions.
Relieve stress for your family by removing uncertainty about your wishes.
Prevent disputes among loved ones during medical crises.
Ensure compliance with Florida’s legal requirements for health care decisions.

Without an advance directive, your loved ones may have to make difficult decisions without knowing your preferences. In those cases, state law determines who may act as your proxy—typically a spouse, adult child, or close relative—but this may not reflect your personal wishes.

Living Wills: Making Your Wishes Clear

A living will, as defined in Florida Statute 765.101(13), is a witnessed document that expresses your choices regarding medical treatment, particularly life-prolonging procedures. These may include mechanical ventilation, tube feeding, or other interventions that sustain life functions.

You can state whether you wish to receive such treatments, decline them, or leave these decisions to your appointed surrogate. Having a properly executed living will ensures that your values—not default medical protocols—guide your care.

Health Care Surrogate Designations

Appointing a health care surrogate is one of the most important steps you can take. This person has the authority to make medical decisions and access health information on your behalf if you become incapacitated.

Florida law allows you to specify whether your surrogate’s authority takes effect immediately or only after your incapacity has been determined. You can also name alternate surrogates to ensure continuous representation if your first choice cannot serve.

When selecting a surrogate, choose someone who:

Understands your medical preferences and values.
Can handle difficult conversations and make decisions under pressure.
Is assertive enough to advocate for your wishes with doctors and family members.

What Happens If You Don’t Have an Advance Directive?

If you become incapacitated without an advance directive, Florida law provides a hierarchy for who can make health care decisions on your behalf. According to Florida Statute 765.401, the order of priority typically includes:

A court-appointed guardian;
Your spouse;
Your adult child;
A parent;
An adult sibling;
A close friend; or
A licensed social worker when no family or friends are available.

While this ensures that someone can act for you, it may not always be the person you would have chosen. Creating an advance directive gives you—not the state—the final say.

How to Create an Advance Directive in Florida

To be legally valid under Florida law, an advance directive must:

Be signed by you (the principal);
Be witnessed by two adults (one of whom is not your spouse or blood relative); and
Be voluntarily executed while you are of sound mind.

Once completed, your advance directive should be shared with:

Your health care surrogate;
Your primary care physician;
Close family members; and
Your attorney for safekeeping.

You can update or revoke your advance directive at any time as long as you remain competent to do so.

Remote Legal Assistance for Advance Directives

At McNary Law, we understand that planning for the future can feel overwhelming, especially when it involves medical decisions. That’s why we make the process simple and accessible—many of our estate planning and advance directive services can be handled remotely, allowing you to complete important documents from the comfort of your home.

Our firm provides:

Personalized guidance on living wills and surrogate designations
Integration with other estate planning documents (such as powers of attorney and trusts)
Secure virtual consultations via video or phone

We help ensure your documents meet Florida’s legal standards and accurately reflect your wishes.

Protecting Your Dignity and Peace of Mind

An advance directive isn’t just a legal form—it’s a statement of dignity, compassion, and self-determination. By putting your wishes in writing, you spare your loved ones from uncertainty and ensure your care aligns with your values.

Our compassionate team at McNary Law will guide you through each step, making sure your documents comply with Chapter 765 of the Florida Statutes and fit within your broader estate plan.

Take control of your health care choices today.

Click here to send us a message or call us at 941-345-1662 to schedule a consultation with McNary Law. We’re here to help you protect what matters most—your health, your family, and your peace of mind.