Florida Statute 765.105 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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F.S. 765.105

765.105 Review of surrogate or proxy’s decision.—

(1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes:

(a) The surrogate or proxy’s decision is not in accord with the patient’s known desires or this chapter;

(b) The advance directive is ambiguous, or the patient has changed his or her mind after execution of the advance directive;

(c) The surrogate or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked;

(d) The surrogate or proxy has failed to discharge duties, or incapacity or illness renders the surrogate or proxy incapable of discharging duties;

(e) The surrogate or proxy has abused his or her powers; or

(f) The patient has sufficient capacity to make his or her own health care decisions.

(2) This section does not apply to a patient who is not incapacitated and who has designated a surrogate who has immediate authority to make health care decisions or receive health information, or both, on behalf of the patient.

History.—s. 2, ch. 92-199; s. 4, ch. 94-183; s. 5, ch. 2015-153; s. 85, ch. 2016-10.

F.S. 765.105 on Google Scholar

F.S. 765.105 on CourtListener

Amendments to 765.105

Annotations, Discussions, Cases:

Cases Citing Statute 765.105

Total Results: 7

Theresa Marie Schindler Schiavo v. Michael Schiavo

403 F.3d 1223, 2005 U.S. App. LEXIS 4702

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 2005 | Docket: 344466

Cited 365 times | Published

“expedited judicial intervention.” Fla. Slat. § 765.105. Applying this statutory scheme, the state court

Bush v. Schiavo

885 So. 2d 321, 2004 WL 2109983

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 263908

Cited 31 times | Published

Governor's decision as proxy as required by section 765.105, Florida Statutes (2003). In short, there is

Schiavo Ex Rel. Schindler v. Schiavo

357 F. Supp. 2d 1378, 2005 U.S. Dist. LEXIS 4265, 2005 WL 641710

District Court, M.D. Florida | Filed: Mar 22, 2005 | Docket: 2514117

Cited 6 times | Published

"expedited judicial intervention." Fla. Stat. § 765.105. Applying this statutory scheme, the state court

Martinez v. Guardianship of Smith

159 So. 3d 394, 2015 Fla. App. LEXIS 3966, 2015 WL 1238445

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 60246583

Cited 2 times | Published

authority as health care surrogate pursuant to section 765.105(5), Florida Statutes (2012), because appellant

Graham v. Dept. of Children and Families

970 So. 2d 438, 2007 WL 4245627

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1695553

Cited 1 times | Published

and did so without the necessary proof under section 765.105, Florida Statutes (2007), and without notice

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044

Published

person objects for any reason authorized by section 765.105(1), Florida Statutes; (C)

DIEGO SANJUAN v. GUARDIANSHIP OF MARIA ANGELICA MENA

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64952883

Published

evidence of any of the grounds set forth in section 765.105[, Florida Statutes (2007)].” Graham v. Florida