Florida Statutes
Fla. Stat. § 765.104 (2025)
Amendment or revocation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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765.104 Amendment or revocation.—
(1) An advance directive may be amended or revoked at any time by a competent principal:
(a) By means of a signed, dated writing;
(b) By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal’s presence and at the principal’s direction;
(c) By means of an oral expression of intent to amend or revoke; or
(d) By means of a subsequently executed advance directive that is materially different from a previously executed advance directive.
(2) Unless otherwise provided in the advance directive or in an order of dissolution or annulment of marriage, the dissolution or annulment of marriage of the principal revokes the designation of the principal’s former spouse as a surrogate.
(3) Any such amendment or revocation will be effective when it is communicated to the surrogate, health care provider, or health care facility. No civil or criminal liability shall be imposed upon any person for a failure to act upon an amendment or revocation unless that person has actual knowledge of such amendment or revocation.
(4) Any patient for whom a medical proxy has been recognized under s. 765.401 and for whom any previous legal disability that precluded the patient’s ability to consent is removed may amend or revoke the recognition of the medical proxy and any uncompleted decision made by that proxy. The amendment or revocation takes effect when it is communicated to the proxy, the health care provider, or the health care facility in writing or, if communicated orally, in the presence of a third person.
History.—s. 2, ch. 92-199; s. 47, ch. 96-169; s. 19, ch. 99-331; s. 12, ch. 2002-195; s. 4, ch. 2015-153.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2008–2024 · leading case: In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 765.104, Fla. Stat. Amendment or revocation.”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). “§ 765.104, Fla. Stat. Amendment or revocation.”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). “§ 765.104, Fla. Stat. Amendment or revocation.”
In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024). “§ 765.104, Fla. Stat. Amendment or revocation.”
In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020). “§ 765.104, Fla. Stat. Amendment or revocation.”
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