Florida Statutes
Fla. Stat. § 765.305 (2025)
Procedure in absence of a living will.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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765.305 Procedure in absence of a living will.—
(1) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate’s authority to consent to the withholding or withdrawal of life-prolonging procedures.
(2) Before exercising the incompetent patient’s right to forego treatment, the surrogate must be satisfied that:
(a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient.
(b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal.
Notes of Decisions
Cited in 1
case, 2001–2001 · leading case: In Re Guardianship of Schiavo, 800 So. 2d 640 (Fla. 2d DCA 2001).
In Re Guardianship of Schiavo, 800 So. 2d 640 (Fla. 2d DCA 2001). “We are confident they can rise to the occasion and demonstrate the professionalism necessary to resolve this matter in the trial court without undue delay and with the care and dignity that we all owe to Mrs.”
— 765.305(2)(a) — 1 case
In Re Guardianship of Schiavo, 800 So. 2d 640 (Fla. 2d DCA 2001). “We are confident they can rise to the occasion and demonstrate the professionalism necessary to resolve this matter in the trial court without undue delay and with the care and dignity that we all owe to Mrs.”
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