When a medical crisis hits a Palm Beach family, the documents that matter most are not the will or the trust—they are the advance directives that say who speaks for you and what care you want. Florida has a clear framework for this, yet the same avoidable mistakes leave families guessing at the worst possible moment. Here is what you need and what to avoid.
The documents that make up a Florida advance directive
Florida law (Chapter 765) recognizes several tools that work together:
- Designation of health care surrogate. This is Florida’s version of a “health care proxy”—you name a person to make medical decisions if you cannot.
- Living will. This states your wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state.
- HIPAA authorization. This lets your chosen people access your medical information so they can actually make informed decisions.
Mistake #1: Naming no one and defaulting to a “proxy”
If you never designate a surrogate, Florida law provides a default order of decision-makers called a proxy. That may not be the person you would have chosen, and it can spark conflict among relatives. Choosing your own surrogate in writing avoids leaving it to a statutory default and to the hospital’s interpretation.
Mistake #2: Skipping the living will
Naming a surrogate without a living will hands your loved one an agonizing decision with no guidance. A living will spells out your wishes on life support, artificial nutrition, and similar measures, so your surrogate is carrying out your choices rather than guessing. In Palm Beach, where many residents split time between Florida and another state, having clear Florida-compliant documents on file locally matters.
Mistake #3: Locking the documents away
An advance directive helps no one in a safe-deposit box. Your surrogate and your Palm Beach-area physicians need access. Give copies to your surrogate and backup, keep one with your records, and consider sharing it with your local hospital or doctor’s office.
Mistake #4: Forgetting HIPAA
People often name a surrogate but never authorize access to medical records. Without a HIPAA release, providers may hesitate to share information, slowing decisions in an emergency. Pair your surrogate designation with a proper authorization.
Mistake #5: Confusing a living will with a DNR
A living will is your written instruction; a do-not-resuscitate order (DNRO) is a separate medical form, signed with a physician, that emergency personnel follow. If avoiding resuscitation matters to you, a living will alone may not be enough—ask your doctor about the proper Florida DNRO.
Mistake #6: Never updating after a life change
A divorce, a move to Palm Beach, or the death of your named surrogate can make an old directive obsolete. Review these documents periodically so the right person still has authority.
A note for Palm Beach families
Advance directives are simple to create but easy to get wrong in ways that surface only in a crisis. A licensed Florida estate planning attorney can make sure your surrogate designation, living will, and HIPAA authorization meet Florida’s requirements and reflect your wishes. This article is general information, not legal advice.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
