Florida Statute 765.305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

View Entire Chapter

F.S. 765.305

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.

History.—s. 4, ch. 92-199; s. 28, ch. 99-331; s. 13, ch. 2000-295.

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Amendments to 765.305

Arrestable Offenses / Crimes under Fla. Stat. 765.305

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 765.305.

Annotations, Discussions, Cases:

Cases Citing Statute 765.305

Total Results: 2

In Re: Amendments to Florida Probate Rules - 2023 Legislation

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

Snippet: supporting documents that are consistent with sections 765.305, 765.401(3), or 765.404, Florida Statutes.

In Re Guardianship of Schiavo

Court: District Court of Appeal of Florida | Date Filed: 2001-10-17

Citation: 800 So. 2d 640, 2001 WL 1230544

Snippet: See § 765.101(4), Fla. Stat. (2000). [2] See § 765.305(2)(a), Fla. Stat. (2000). [3] See § 765.401, Fla