When preparing an estate plan, many people are surprised to learn they need both a Health Care Surrogate Designation and a Living Will. These are two distinct legal documents under Florida law—and while they often go hand in hand, they serve different purposes.
Here’s what you need to know.
What Is a Health Care Surrogate Designation?
A Health Care Surrogate Designation is a legal document that names a person (your surrogate) to make medical decisions for you if you’re unable to do so yourself.
This surrogate can:
- Speak with doctors and review your medical records
- Make decisions about treatment, surgery, and medications
- Apply for public benefits, such as Medicaid or VA aid
- Act as your legal guardian if needed
You can even choose to give your surrogate immediate authority to help with health care decisions or access information while you still have capacity—something that can be useful if you’re overwhelmed or temporarily unable to communicate effectively.
In short, this document answers the question: “Who will speak for me if I can’t speak for myself?”
What Is a Living Will?
A Living Will is your written instruction to doctors about end-of-life care. It outlines your preferences if you are:
- In a persistent vegetative state
- Suffering from an end-stage condition
- Facing a terminal illness with no reasonable chance of recovery
This includes decisions like:
- Whether to continue life support
- Use of feeding tubes or ventilators
- Palliative care or pain management only
In many Florida estate plans (including those we prepare), the Living Will speaks directly to the treating physicians—not to your surrogate. That means your doctors are legally authorized to follow your instructions without needing anyone else’s approval.
How They Work Together
While these documents serve different roles, they work in tandem to protect your rights and your voice in medical situations.
- The Health Care Surrogate covers general medical decisions whenever you’re unable to make them.
- The Living Will gives clear direction to your doctors when you’re at the end of life.
Think of it like this:
- The Surrogate says who can speak for you.
- The Living Will says what you want them (or your doctors) to do.
Even if your surrogate is standing by your side, they don’t need to interpret or authorize end-of-life decisions when your Living Will already gives those instructions directly.
Do You Need Both?
Yes—having both documents is strongly recommended in Florida. Together, they reduce uncertainty, prevent family conflict, and ensure that your medical wishes are respected, whether you’re facing a temporary medical crisis or a life-ending diagnosis.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.