Do Not Resuscitate Orders in Florida: How They Differ from Living Wills, Health Care Surrogates, and Durable Powers of Attorney
Planning for incapacity and end-of-life care is one of the most important—and most misunderstood—parts of an estate plan. In Florida, people often assume that a living will, a health care surrogate designation, or a durable power of attorney will control what happens in a medical emergency. That assumption can be a costly mistake.
Each document serves a different purpose. Understanding how they work together—and how they do not overlap—helps ensure your wishes are followed when it matters most.
What Is a Do Not Resuscitate (DNR) Order?
A Do Not Resuscitate Order (DNR) is a medical directive, not a general estate-planning document. It instructs doctors, paramedics, and other health care providers not to perform cardiopulmonary resuscitation (CPR) if your heart stops or you stop breathing.
CPR can involve chest compressions, electric shocks, intubation, and powerful medications. While it can save lives in some situations, it is often invasive, painful, and unsuccessful for patients with advanced age, terminal illness, or serious underlying conditions.
A Florida DNR applies only to CPR. It does not mean that all treatment stops or that comfort care will be withheld.
Florida’s Strict DNR Requirements
Florida law is unusually specific about how a DNR must be executed:
The DNR must be printed on yellow paper
It must be signed by both the patient (or authorized surrogate) and a physician
Photocopies or digital copies do not satisfy Florida requirements
Emergency medical personnel are trained to look for this exact form
The form is prescribed by the Florida Department of Health, and failure to comply with these technical requirements often means CPR will be performed—regardless of what your other documents say.
How a DNR Differs from a Living Will
A Living Will is a legal document that states your wishes regarding life-prolonging treatment if you are incapacitated and diagnosed with a terminal condition, end-stage condition, or persistent vegetative state.
The key distinction is timing and function:
A Living Will guides doctors after diagnosis and deliberation
A DNR controls what happens immediately, often before hospitalization
A living will speaks once the medical situation is known. A DNR speaks first—sometimes within seconds.
How a DNR Differs from a Designation of Health Care Surrogate
A Designation of Health Care Surrogate names someone you trust to make medical decisions if you are unable to do so yourself. That person can:
Speak with doctors
Consent to or refuse treatment
Enforce your living will
However, in an emergency, first responders do not pause to locate legal documents or consult a surrogate. Without a valid Florida DNR physically present, CPR will generally begin automatically—even if your surrogate knows you would not have wanted it.
How a DNR Differs from a Durable Power of Attorney
A Durable Power of Attorney (DPOA) serves an entirely different role. It authorizes an agent to handle financial and legal matters, such as managing bank accounts, paying bills, selling property, or dealing with insurance and government agencies.
In Florida:
A Durable Power of Attorney does not grant medical decision-making authority
It cannot direct or refuse medical treatment
It plays no role in CPR or emergency medical care
While a DPOA is a critical incapacity-planning tool, it does not substitute for a DNR, living will, or health care surrogate designation.
Common Reasons People Choose a DNR
People choose DNRs for deeply personal reasons, including:
Terminal illness
Advanced age with serious medical conditions
Medical conditions where CPR is unlikely to succeed
A desire to avoid invasive procedures in catastrophic injury or coma situations
A DNR is not about refusing care—it is about choosing the type of care you want.
Why Coordination Matters
These documents work best when they are coordinated, not piecemealed:
The DNR governs emergency CPR
The Living Will guides end-of-life treatment decisions
The Health Care Surrogate enforces those wishes
The Durable Power of Attorney manages financial and legal affairs
When these documents align, your wishes are clearer, medical providers have guidance, and loved ones are spared from making impossible decisions under pressure.
Final Thoughts
A Do Not Resuscitate Order is one of the most powerful—and misunderstood—documents under Florida law. Because it operates immediately and carries strict technical requirements, it deserves careful attention and proper planning.