Living Wills & Advance Directives in Fort Myers

Incapacity Planning That Stays Current With Your Life

A living will speaks for you when you can’t speak for yourself. If a medical crisis leaves you unable to communicate, this document tells your doctors and family what care you want and what you don’t. Without one, those decisions fall to people who may not know your wishes or, in some cases, to a court. Putting a living will in place is one of the clearest acts of care you can do for the people who love you.

An advance directive is the broader legal category. It covers a living will, which states your treatment preferences, together with a health care surrogate designation, which names the person authorized to make medical decisions on your behalf. The two documents serve different functions and work best together.

Schedule a free consultation with our team at Dorcey Law to put your living will and advance directive in place. Call us at (239) 309-2870.

What Florida Law Requires for a Valid Living Will

Florida Statutes Chapter 765 governs living wills and advance directives in this state. To be valid, a living will must be signed by a competent adult, or signed at that person’s direction, in the presence of two witnesses. At least one of those witnesses can’t be the principal’s spouse or blood relative. Notarization isn’t required under Florida law, though many people choose to have the document notarized for added support.

The document doesn’t activate the moment it’s signed. It takes effect only after the principal’s attending physician and a consulting physician both determine there is no reasonable medical probability of recovery from a terminal condition, an end-stage condition, or a persistent vegetative state. Understanding that threshold matters when drafting the document and deciding how specifically to state your preferences.

How a Living Will, a Health Care Surrogate, & a DNR Fit Together

A living will states what you want. A health care surrogate designation names who decides. Those are two distinct documents, and each serves a purpose the other can’t fill. Your surrogate steps in to interpret your wishes when circumstances don’t fit neatly into what your living will anticipated. Under Florida law, the person you name as surrogate can’t also serve as a witness to the surrogate designation.

A Do Not Resuscitate Order, commonly called a DNR, is something different. It’s a physician-signed medical order that instructs emergency responders not to perform CPR. A living will isn’t a DNR and doesn’t function as one. If a DNR is part of your planning, it requires a separate process with your physician.

Ongoing Support From Dorcey Law

We don’t treat a signed document as the finish line. Life changes, families change, and Florida law changes. Through our Auto-Pilot Planning Program, we conduct structured reviews so your living will and advance directive continue to reflect your actual wishes rather than a version of yourself from years ago. Auto-Pilot members receive priority scheduling within one week of a request, so when something in your life shifts, we’re reachable.

Our full-time Trust Funding Department works alongside this process to help the broader estate plan stay coordinated. When your advance directives, your trust, and your asset alignment are treated as connected pieces rather than separate tasks, the plan is less likely to lose alignment. We also host seminars and workshops for Fort Myers residents who want to understand their options before making any decisions.

As a multi-attorney firm with clearly defined roles, we bring a broader base of legal knowledge to each client’s plan. You aren’t relying on a single point of contact for every question that comes up.

Start With a Free Consultation

A living will and advance directive are among the most important documents you can put in place, and drafting them is more straightforward than most people expect. We offer free initial consultations so you can understand exactly what these documents cover before committing to anything. Call Dorcey Law at (239) 309-2870 to schedule yours.