Florida Healthcare Surrogate vs. Living Will: What's the Difference and Why You Need Both

Many Floridians confuse a healthcare surrogate designation with a living will — or assume one document covers both functions. In reality, these are two separate legal instruments with distinct purposes, and every Florida adult should have both in place before a medical emergency occurs. At Bechert & Associates, P.A., we help Pompano Beach and Broward County residents build complete advance directive packages.

What Is a Florida Designation of Healthcare Surrogate?

A Designation of Healthcare Surrogate (DHCS) is a legal document governed by Florida Statute §765.202 that authorizes another person to make medical decisions on your behalf if you become incapacitated. Your surrogate can consent to or refuse treatments, access your medical records, communicate with your medical team, and make decisions about surgery, hospitalization, and end-of-life care — all based on your known wishes.

What Is a Florida Living Will?

A Living Will is a written advance directive that specifies your wishes regarding life-prolonging procedures in the event you are in a terminal condition, an end-stage condition, or a persistent vegetative state. Unlike the DHCS, a Living Will speaks directly to your medical providers — it does not appoint a decision-maker, but rather documents your own expressed intentions about artificial life support, feeding tubes, and resuscitation.

Why You Need Both Documents

The DHCS handles the full range of medical decision-making — including scenarios your Living Will may not anticipate. The Living Will provides clear instructions in the specific circumstances it covers, removing ambiguity and potential conflict. Together, they ensure that your medical wishes are honored and that your family is protected from the anguish of making impossible decisions without guidance.

Prepare Your Advance Directives Today

These documents cost far less than the consequences of not having them. Bechert & Associates, P.A. prepares complete advance directive packages as part of comprehensive estate plans for clients throughout Pompano Beach, Fort Lauderdale, Boca Raton, and South Florida. Contact us today to get started.