Does a living will need to be notarized in Florida?

No, a living will does not need to be notarized in Florida. However, it is often wise to have the document notarized anyway.

The requirements of a living will are found in section 765.302 of the Florida Statutes. Those requirements are:

• The living will must be signed by the principal in the presence of two witnesses;

• Both witnesses must also sign the living will;

• At least one of the witnesses cannot be a spouse or blood relative of the principal.

Note that notarization is not listed as a requirement. Thus, no notary is required for a valid living will.

However, it can still be useful to notarize a living will in order to assure the recipient of the document (usually a doctor or hospital) that it was executed correctly. Many attorneys will have living wills notarized during estate plan executions because the notary will likely already be there to complete the self-proving affidavit of the client’s last will and testament. Thus, having one more document notarized is usually easy and worth the benefit it provides, even though the practice is not actually required by law.

If you execute a living will, you almost always should execute a designation of health care surrogate as well. This designation will put someone in charge of carrying out your wishes and making medical decisions on your behalf if you are incapacitated. The designation of health care surrogate similarly does not require notarization in Florida.

Where can I get my living will notarized?

You can have a living will notarized at an estate planning law firm.

If you want to have a living will notarized, you should do so when you sign the living will. This can be done by the law firm that drafted your living will and designation of health care surrogate. Or you can call a law firm to have documents executed that you have already prepared.