Key Points:

  • Florida law lets you update or cancel your advance healthcare directive at any time.
  • You must follow proper legal procedures, such as obtaining witness signatures.
  • You can cancel it in writing, orally, or by destroying it.
  • Always tell your agent, family, and doctor right after any changes.

Your advance healthcare directive should reflect your current medical wishes and personal values. In Florida, you may revise or cancel your directive at any time, provided you follow the proper legal steps.

Life often brings change, whether through relationships, health conditions, or your beliefs about care. With Florida law on your side, you retain full control to adjust or revoke your directive as needed.

How To Update An Advance Healthcare Directive

When & Why You Might Want To Make A Change

Revisiting your directive after life changing events ensures it still represents your values. You can update your healthcare preferences as your relationships, beliefs, or health situation change.

Common reasons include divorce, remarriage, new diagnoses, or a loss of trust in your appointed surrogate. You may also want to address newer medical treatments or update the instructions themselves.

Even if nothing dramatic has occurred, reviewing your directive periodically remains wise. Let’s look at how to take action when you decide it’s time for an update.

How To Update Your Advance Healthcare Directive

Florida requires that all updates to advance directives follow specific rules. Drafting a new directive is the safest and most effective way to ensure your instructions reflect your wishes.

Legal Requirements For A Valid Update

Requirement
Details
Age & Capacity
You must be at least 18 and mentally competent.
Written Form
Updates must be in writing, as required by Florida law (Fla. Stat. § 765.302).
Witnesses
Two adult witnesses must sign. One must not be a family member or your named agent.
Signature
A notary isn’t required, but it helps prove the document’s authenticity.

Use a statement like “This document revokes and replaces my prior directive dated ___.” That language helps prevent future confusion about which version is in effect.

What’s Next After An Update

Distribute your new directive to your healthcare surrogate, doctor, and any relevant facilities. Destroy every copy of the old version, don’t just file it away.

An updated directive helps your healthcare team and loved ones honor your preferences with confidence. But what if you decide you no longer want a directive in place?

How To Cancel (Revoke) Your Advance Healthcare Directive

Florida law gives you several valid ways to revoke your healthcare directive. You decide when the directive no longer serves your goals, and the law provides tools to cancel it.

Three Legal Ways To Cancel Your Directive

  • Written Revocation. Write a signed statement saying you revoke your directive. Include your name and the date.
    Example: “I, Sam Rogers, hereby revoke my Advance Healthcare Directive dated February 2, 2021.”
  • Oral Revocation. Tell your doctor or surrogate that you’ve canceled the directive. Note: Always follow up in writing, as oral statements may be confusing.
  • Physical Destruction. You may tear, shred, or burn your directive, or ask someone else to destroy it in your presence.

Who You Must Inform

  • Your appointed surrogate.
  • Your doctor or medical team.
  • Any hospital, clinic, or law office holding a copy.

Tell all persons involved right away. Otherwise, they may rely on an old directive by mistake.

Revoking your directive clears the way for a new one, or for none at all, if that’s your choice. But what if your preferences shift again later?

Can You Reinstate Or Redraft Your Directive Later?

Yes. Florida law allows you to cancel a cancellation or write a new directive at any time. You can always restart the process if your care wishes change again.

You must create a valid written directive and sign it in the presence of two adult witnesses. Oral statements alone are never enough to reinstate an old plan.

This flexibility supports evolving values and medical realities. If your health improves or new concerns arise, you can take formal steps to reflect your wishes once again.

The law makes room for change. But to protect your intent, your paperwork must meet Florida’s legal standards each time.

Common Mistakes That Can Undermine Your Plans

Many people intend to revoke or update their directive, but fall into common traps. These mistakes can delay care or cause disputes during a medical emergency.

Avoid these common errors:

  • Forgetting to destroy all old copies. Outdated documents may still circulate.
  • Not notifying your doctor or surrogate. They may follow the wrong directive.
  • Skipping proper witness signatures. That makes the document invalid.
  • Failing to review after life changes. Health events or family changes require updates.

Clean execution and good communication help ensure your choices are honored. Now, let’s cover how often you should revisit your plan.

Changing An Advance Healthcare Directive Made Easy

When To Review & Revisit Your Directive

Your advance directive should reflect your life as it stands today, not as it looked five years ago. Regular check-ins help ensure that your document continues to accurately represent you.

Use the “Five D’s” as a guide to review your directive:

  • Diagnosis. A major health condition can significantly impact your outlook.
  • Deterioration. A chronic illness grows more serious.
  • Divorce. You no longer trust the person previously named.
  • Death. Your surrogate or backup passes away.
  • Decade. You’ve entered a new stage of life, 50s, 60s, 70s.

Each of these events can shift your priorities. A new review helps you ensure your directive matches your current goals and care preferences.

You may not need to make any changes. But staying current prevents confusion and gives peace of mind to those who care about you.

What Your Family & Healthcare Team Need To Know

Keeping your family and healthcare providers informed ensures that your updated or canceled directive works as intended. Everyone involved in your care needs to follow the same plan.

After making any change, provide copies to your surrogate, doctor, and any healthcare facility with your prior directive on file. Discuss your reasoning and goals so they understand your wishes.

Explain changes clearly and calmly. A brief conversation can prevent confusion later and facilitate unified decision making when it matters most.

Next, we’ll wrap up with some final words about staying in control and protecting your peace of mind.

Final Thoughts: Control, Clarity & Compassion

Advance healthcare directives protect your voice when you are unable to speak for yourself. They inform your care team and family about what to do in challenging moments.

You may revoke or update yours at any time, just follow the rules, and share your decision with those who need to know.

Like contesting a will, precision matters. Your directive should never leave others guessing. With the proper steps, your wishes stay crystal clear.

Thinking about canceling or changing your advance directive? Let’s talk. At Boca Raton Probate Attorneys, we assist Florida families in creating and revising these essential documents.

Contact our firm today, your wishes matter, and we’re here to protect them.