The short answer: Florida law (Chapter 765 of the Florida Statutes) lets adults put their health care wishes in writing. A health care surrogate form names someone to speak for you. A living will states your wishes about life-prolonging treatment in certain end-of-life conditions. A separate yellow Do Not Resuscitate Order (DH Form 1896) is the paper that tells paramedics not to start CPR.
This guide explains general rules in plain language. It is not legal or medical advice, and Florida Senior Support is not a law firm, financial advisor or insurance agency. For advice about your own situation, talk to a licensed professional.
Three Different Documents, Three Different Jobs
People often mix these up. Each one does something different, and having one does not mean you have the others.
| Document | What it does | Who signs |
|---|---|---|
| Designation of health care surrogate | Names a person to make health care decisions if you cannot | You, plus two adult witnesses |
| Living will | Gives your written wishes about life-prolonging procedures | You, plus two witnesses |
| Do Not Resuscitate Order (DNRO), DH Form 1896 | Tells EMTs and paramedics not to give CPR | You (or your representative) and a health care provider |
Florida's Agency for Health Care Administration (AHCA) also lists a donor form for anatomical gifts, which covers donating organs or tissue after death. This guide focuses on the three above.
The Health Care Surrogate
How to name one
A health care surrogate is a person you pick to make medical decisions for you if you cannot. Under section 765.202, you sign the form in front of two adult witnesses. The person you name cannot be a witness. At least one witness must be someone who is neither your spouse nor a blood relative.
You may also name an alternate, who steps in if the first surrogate is not willing, able or reasonably available. You must give your surrogate an exact copy of the signed form.
When the surrogate's power starts
By default, a surrogate acts when your primary physician decides you cannot make your own choices. The law also lets you state that the surrogate may receive your health information, or make decisions, right away. In that case no finding of incapacity is needed. The designation stays in effect until you cancel it, unless the form sets an end date.
The state offers an optional sample form in section 765.203. You do not have to use that exact wording.
What a surrogate may not do alone
Under section 765.113, a surrogate cannot agree to certain things unless you gave that power in writing or a court approved it. These include sterilization, electroshock therapy, psychosurgery, some experimental treatments and voluntary admission to a mental health facility.
What Happens With No Surrogate: The Proxy List
Many people believe a spouse automatically has full authority. The law is more specific. If you have no advance directive and no surrogate, section 765.401 sets an order of people who may act as your "proxy." A class is used only if no one in the earlier class is available, willing and competent.
- A court-appointed guardian with power to consent to medical treatment
- Your spouse
- An adult child (or a majority of adult children, if there are several)
- A parent
- An adult sibling (or a majority of siblings)
- An adult relative who has shown special care and concern and knows your health and beliefs
- A close friend
- A licensed clinical social worker or trained guardian chosen by the provider's bioethics committee
A proxy has to base choices on what you would have wanted. For decisions to withhold or withdraw life-prolonging treatment, the law requires clear and convincing evidence of your wishes, or, if they are unknown, that the choice is in your best interest.
If family members disagree, or no one on the list is available, a court may get involved. Our guide to the Florida public guardian program explains one resource for people with no one to act for them.
The Florida Living Will
A living will is for a specific set of situations. Section 765.302 says any competent adult may make one. It speaks to life-prolonging procedures if you have:
- A terminal condition: an illness or injury with no reasonable medical chance of recovery that would be expected to cause death without treatment.
- An end-stage condition: an irreversible condition causing severe, permanent decline, where treatment would be ineffective.
- A persistent vegetative state: a permanent, irreversible state of unconsciousness.
These definitions come from section 765.101. The optional sample form in section 765.303 says its instructions apply when your primary physician and another consulting physician decide there is no reasonable medical chance of recovery.
The signing rules match the surrogate form. You sign in front of two witnesses, and at least one cannot be your spouse or a blood relative. You must also tell your primary physician that the living will exists. The doctor or facility then places a copy in your medical record.
You can name a surrogate inside the living will form, but the law says leaving that blank does not make the living will invalid. This guide does not suggest what treatment choices anyone should make. Those are personal decisions to talk through with your doctor and family.
The Yellow DNR: Why It Is a Separate Form
Here is the part that surprises many families. Paramedics are trained to start CPR in an emergency. Under section 401.45, EMTs and paramedics may hold back resuscitation when they are shown a valid order, and that order must be on the form the Florida Department of Health (DOH) adopts by rule.
The Department of Health says EMS crews are not required to review or interpret any other do-not-resuscitate document, advance directive or POLST form. So a living will in a drawer, or a hospital form, is not the paper that EMS looks for at your door. A living will does not replace the DNRO, and the DNRO does not replace a living will. Each stands on its own.
Key facts about Form DH 1896
- Form number: DH Form 1896, Do Not Resuscitate Order. The DOH page lists the current version as revised 02/2024. Check the DOH site for any newer one.
- Yellow paper: The form must be printed on yellow paper before it is filled out. Any shade of yellow counts. Under rule 64J-2.018, EMS does not have to honor a form that is not yellow, has been altered or is hard to read.
- Who signs: The patient's physician, osteopathic physician, physician assistant or an advanced practice registered nurse with autonomous practice must sign. The patient signs too. If the patient cannot, a surrogate, proxy, guardian or agent with health care authority may sign. No notary or witnesses are needed.
- Copies: A photocopy is valid if it is clearly yellow and accurately shows the signatures and writing. Electronic copies in a medical record also qualify.
- No expiration: DOH says a properly completed DNRO does not expire.
- ID check: The rule says EMS must confirm the patient's identity, for example with a photo ID or a statement from a witness who is present.
Keeping it where responders can see it
DOH says to keep the form somewhere easy to notice. Many families post it on the refrigerator. A small wallet-size device is printed at the bottom of the form. You can cut it out, laminate it and carry it, or wear it on a necklace or pin it to clothing or bedding.
The form still says to call 911 in an emergency, even with a DNRO. EMS can give comfort care and transport the patient. The DNRO limits resuscitation only. It is not a full treatment plan.
Changing your mind
A competent patient can cancel a DNRO at any time. Ways include saying so, tearing up the form, not showing it to EMS, or signing a new order that says otherwise. Tell everyone who has a copy.
Limits to know about
- The DNRO applies to Florida-certified EMTs and paramedics. Hospitals and care facilities may honor it, but DOH does not regulate them. Ask the facility's risk management office about its policy.
- If you travel, check the rules where you are going.
- This post does not cover POLST forms. DOH only notes that EMS need not interpret them.
Keeping Your Documents Useful
Documents only help if people can find them. Many families take these steps:
- Give your surrogate and alternate exact copies of the signed forms.
- Give copies to your doctors so they go in your medical record. Florida law says a provider or facility cannot require you to sign an advance directive as a condition of care, and your directive goes with you as part of your record.
- Tell family members where the originals are.
- Keep the yellow DNRO somewhere visible at home if you have one.
Florida recognizes advance directives signed in another state. You can change or cancel your documents at any time, so many people review them after a major diagnosis or life change. Caregivers may find more help in our family caregiver support guide, and our senior health programs guide covers other programs.
Where to Get the Forms
- Surrogate and living will forms: The Agency for Health Care Administration posts a Health Care Advance Directives consumer guide with a living will, health care surrogate form, donor form and wallet card. AHCA's phone number listed there is 888-419-3456. The Florida Bar notes that these forms were approved by the Florida Supreme Court, but neither the Court nor the Bar offers an opinion on whether they fit current law.
- The yellow DNRO: Download Form DH 1896 from the Florida Department of Health DNRO page. It comes in English, Spanish and Haitian Creole. DOH's EMS office is at 850-245-4440. Your doctor must still sign it.
An attorney is not required to complete these forms, according to AHCA. For questions about your own documents, a licensed attorney or your doctor can help.
Where to Get Free Help
- Florida Senior Legal Helpline: 1-888-895-7873. For Floridians age 60 and older. Income guidelines apply. Open weekdays, 9 a.m. to 4:30 p.m.
- Florida Bar Lawyer Referral Service: 1-800-342-8011.
- Florida Elder Helpline: 1-800-96-ELDER (1-800-963-5337), for referrals to local aging services.
Our guide to free legal help for Florida seniors lists more options.
Disclaimer: This article is for informational purposes only and does not constitute medical, financial, or legal advice. Readers should consult a qualified healthcare provider for medical concerns, a financial advisor for financial planning, and an attorney for legal matters. The resources and programs mentioned are subject to eligibility requirements and availability, which may vary. While we strive for accuracy, the information provided may not reflect the most recent updates. Always verify details with official sources or professionals before making decisions based on this content.