Florida Statute 765.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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F.S. 765.105

765.105 Review of surrogate or proxy’s decision.—

(1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes:

(a) The surrogate or proxy’s decision is not in accord with the patient’s known desires or this chapter;

(b) The advance directive is ambiguous, or the patient has changed his or her mind after execution of the advance directive;

(c) The surrogate or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked;

(d) The surrogate or proxy has failed to discharge duties, or incapacity or illness renders the surrogate or proxy incapable of discharging duties;

(e) The surrogate or proxy has abused his or her powers; or

(f) The patient has sufficient capacity to make his or her own health care decisions.

(2) This section does not apply to a patient who is not incapacitated and who has designated a surrogate who has immediate authority to make health care decisions or receive health information, or both, on behalf of the patient.

History.—s. 2, ch. 92-199; s. 4, ch. 94-183; s. 5, ch. 2015-153; s. 85, ch. 2016-10.

F.S. 765.105 on Google Scholar

F.S. 765.105 on Casetext

Amendments to 765.105

Arrestable Offenses / Crimes under Fla. Stat. 765.105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 765.105.

Annotations, Discussions, Cases:

Cases Citing Statute 765.105

Total Results: 5

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Supreme Court of Florida | Date Filed: 2023-12-14

Snippet: person objects for any reason authorized by section 765.105(1), Florida Statutes; (C) the

DIEGO SANJUAN v. GUARDIANSHIP OF MARIA ANGELICA MENA

Court: District Court of Appeal of Florida | Date Filed: 2022-09-07

Snippet: evidence of any of the grounds set forth in section 765.105[, Florida Statutes (2007)].” Graham v. Florida

Martinez v. Guardianship of Smith

Court: District Court of Appeal of Florida | Date Filed: 2015-03-18

Citation: 159 So. 3d 394, 2015 Fla. App. LEXIS 3966, 2015 WL 1238445

Snippet: authority as health care surrogate pursuant to section 765.105(5), Florida Statutes (2012), because appellant

Graham v. Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-12-05

Citation: 970 So. 2d 438

Snippet: did so without the necessary proof under section 765.105, Florida Statutes (2007), and without notice and

Bush v. Schiavo

Court: Supreme Court of Florida | Date Filed: 2004-09-23

Citation: 885 So. 2d 321, 2004 WL 2109983

Snippet: Governor's decision as proxy as required by section 765.105, Florida Statutes (2003). In short, there is no