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Florida Statute 765.104 - Full Text and Legal Analysis Florida Statute 765.104 | Lawyer Caselaw & Research
Fla. Stat. § 765.104 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 765.104

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·In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Committee Notes Rule History 2008 Revision: New rule. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 709.08, Fla. Stat. Durable power of attorney. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....
...Committee Notes Rule History 2008 Revision: New rule. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 709.08, Fla. Stat. Durable power of attorney. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....
0 red0 yellow4 green0 procedural
Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authorityShellito (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024).

Published | Supreme Court of Florida

§ 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. §
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Florida Power of Attorney Act. § 709.2019, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. - 10 - § 744.3045, Fla. Stat. Preneed guardian. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...Stat. Capacity; appointment of guardian advocate. - 27 - §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....
...§ 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...Stat. Capacity; appointment of guardian advocate. - 28 - §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....
...§ 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla....

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.