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Florida Statute 765.104 - Full Text and Legal Analysis
Florida Statute 765.104 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 765.104 Case Law from Google Scholar Google Search for Amendments to 765.104

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIV
CIVIL RIGHTS
Chapter 765
HEALTH CARE ADVANCE DIRECTIVES
View Entire Chapter
F.S. 765.104
765.104 Amendment or revocation.
(1) An advance directive may be amended or revoked at any time by a competent principal:
(a) By means of a signed, dated writing;
(b) By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal’s presence and at the principal’s direction;
(c) By means of an oral expression of intent to amend or revoke; or
(d) By means of a subsequently executed advance directive that is materially different from a previously executed advance directive.
(2) Unless otherwise provided in the advance directive or in an order of dissolution or annulment of marriage, the dissolution or annulment of marriage of the principal revokes the designation of the principal’s former spouse as a surrogate.
(3) Any such amendment or revocation will be effective when it is communicated to the surrogate, health care provider, or health care facility. No civil or criminal liability shall be imposed upon any person for a failure to act upon an amendment or revocation unless that person has actual knowledge of such amendment or revocation.
(4) Any patient for whom a medical proxy has been recognized under s. 765.401 and for whom any previous legal disability that precluded the patient’s ability to consent is removed may amend or revoke the recognition of the medical proxy and any uncompleted decision made by that proxy. The amendment or revocation takes effect when it is communicated to the proxy, the health care provider, or the health care facility in writing or, if communicated orally, in the presence of a third person.
History.s. 2, ch. 92-199; s. 47, ch. 96-169; s. 19, ch. 99-331; s. 12, ch. 2002-195; s. 4, ch. 2015-153.

F.S. 765.104 on Google Scholar

F.S. 765.104 on CourtListener

Amendments to 765.104


Annotations, Discussions, Cases:

Cases Citing Statute 765.104

Total Results: 5

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Supreme Court of Florida | Filed: Sep 5, 2024 | Docket: 69131363

Published

§ 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. §

In Re: Amendments to the Florida Probate Rules - Guardianship

Supreme Court of Florida | Filed: Sep 3, 2020 | Docket: 18407701

Published

§ 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765

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

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

§ 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. §

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

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

§ 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. §

In Re Amend. to Florida Probate Rules

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

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

attorney. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202