Florida Statutes
Fla. Stat. § 765.302 (2025)
Procedure for making a living will; notice to physician.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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765.302 Procedure for making a living will; notice to physician.—
(1) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal’s signature in the principal’s presence and at the principal’s direction.
(2) It is the responsibility of the principal to provide for notification to her or his primary physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. A primary physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal’s medical records.
(3) A living will, executed pursuant to this section, establishes a rebuttable presumption of clear and convincing evidence of the principal’s wishes.
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). “§ 765.302, Fla. Stat. Procedure for making a living will; notice to physician.”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). “§ 765.302, Fla. Stat. Procedure for making a living will; notice to physician.”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). “§ 765.302, Fla. Stat. Procedure for making a living will; notice to physician.”
In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024). “§ 765.302, Fla. Stat. Procedure for making a living will; notice to physician.”
In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020). “§ 765.302, Fla. Stat. Procedure for making a living will; notice to physician.”
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