Florida Statute 765.202 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

View Entire Chapter

F.S. 765.202

765.202 Designation of a health care surrogate.—

(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.

(2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative.

(3) A document designating a health care surrogate may also designate an alternate surrogate provided the designation is explicit. The alternate surrogate may assume his or her duties as surrogate for the principal if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate an alternate surrogate shall not invalidate the designation of a surrogate.

(4) If neither the designated surrogate nor the designated alternate surrogate is willing, able, or reasonably available to make health care decisions on behalf of the principal and in accordance with the principal’s instructions, the health care facility may seek the appointment of a proxy pursuant to part IV.

(5) A principal may designate a separate surrogate to consent to mental health treatment in the event that the principal is determined by a court to be incompetent to consent to mental health treatment and a guardian advocate is appointed as provided under s. 394.4598. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions under this chapter is also the principal’s choice to make decisions regarding mental health treatment.

(6) A principal may stipulate in the document that the authority of the surrogate to receive health information or make health care decisions, or both, is exercisable immediately without the necessity for a determination of incapacity as provided in s. 765.204.

(7) Unless the document states a time of termination, the designation shall remain in effect until revoked by the principal.

(8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate.

History.—s. 3, ch. 92-199; s. 8, ch. 94-183; s. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153.

F.S. 765.202 on Google Scholar

F.S. 765.202 on Casetext

Amendments to 765.202

Arrestable Offenses / Crimes under Fla. Stat. 765.202

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 765.202.

Annotations, Discussions, Cases:

Cases Citing Statute 765.202

Total Results: 8

Bridget Ingwell v. Patricia Ibrahim and SCI Funeral Services of Florida, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

Snippet: health care surrogate, as provided in s. 765.202, if one has been designated. If a health

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-09-05

Snippet: Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Supreme Court of Florida | Date Filed: 2020-09-03

Snippet: 104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2019-11-14

Snippet: Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate

Estate of Jenner ex rel. Jenner v. Manor Pines Convalescent Center, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-04-24

Citation: 112 So. 3d 648, 2013 WL 1748703, 2013 Fla. App. LEXIS 6539

Snippet: Designation “was completed in conformance with § 765.202 Fla. Stat.” Accordingly, the court granted Manor

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate

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: no authority to that effect. Moreover, section 765.202(7), Florida Statutes (2007), provides: "A written