Florida/Georgia Personal Injury & Workers Compensation

...family members, it is appropriate for the parties to seek status, treatment techniques and therapies which are "expedited judicial intervention." Fla. Slat. § 765.105. available and their opinions regarding how and Applying this statutory scheme, the state court appointed whether these treatments might improve Theresa's...

...transformed into an advocate merely because his rulings are between Michael Schiavo and Plaintiffs. Fla. Stat. § unfavorable to a litigant. Plaintiffs' contention that the 765.105. statutory [*13] scheme followed by Judge Greer deprived Plaintiffs offer no authority for their contention that Theresa Schiavo of an impartial trial is according...

...ircumstances" or, if there is no indication of what the patient would have chosen, in the patient's best interests. § 765.401(2)-(3), Fla. Stat. (2003). Finally, the Act does not provide for review of the Governor's decision as proxy as required by section 765.105, Florida Statutes (2003)....

...sted person who may reasonably be expected to be directly affected by the surrogate or proxy's decision... believes [that] [t]he surrogate or proxy's decision is not in accord with the patient's known desires or *336 the provisions of this chapter." § 765.105(1), Fla....

...be expected to be directly affected by the surrogate or proxy's decision ... believes (1) The surrogate or proxy's decision is not in accord with the patient's known desires or the provisions of this chapter." Ch. 92-199, § 2 at 1842, Laws of Fla.; § 765.105, Fla....

...arising concerning decisions made by the proxy. See Fla. Stat. § 765.401(1). Where a decision by the proxy is challenged by the patient's other family members, it is appropriate for the parties to seek "expedited judicial intervention." Fla. Stat. § 765.105....

...vo, 780 So.2d 176, 178 (Fla. Dist.Ct.App.2001) ("Schiavo I"). Pursuant to Florida law, therefore, Judge Greer, as the presiding judge, had a statutory obligation to resolve the competing contentions between Michael Schiavo and Plaintiffs. Fla. Stat. § 765.105....

...ut said, “[T]here’s certainly an inability to agree on the course of care in his present facility.” In the order on appeal, the court appointed Cramer as plenary guardian and revoked appellant’s authority as health care surrogate pursuant to section 765.105(5), Florida Statutes (2012), because appellant had “moved the Ward multiple times and does not communicate properly with the Ward’s caregivers and other interested persons.” The court declined to give preference to appellant as...

...ny valid advance directive under chapter 765. If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the surrogate. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the surrogate and any other appropriate parties, modify or revoke the authority of the surrogate to make health care decisions for the ward. (Emphasis supplied.) One of the grounds listed in section 765.105 is: “The surrogate or proxy has abused powers[.]” § 765.105(5), Fla....

...4th DCA 2003) (reversing order of criminal contempt for lack of compliance with Rule 3.840). Laurence Graham contends next that, in appointing Luke Graham as Betty's temporary plenary guardian, the trial court effectively revoked Betty's valid Directive, and did so without the necessary proof under section 765.105, Florida Statutes (2007), and without notice and a hearing, in violation of section 744.3115, Florida Statutes (2007)....

...ny valid advance directive under chapter 765. If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the surrogate. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the surrogate and any other appropriate parties, modify or revoke the authority of the surrogate to make health care decisions for the ward....

...dvanced [sic] directive executed by the Ward under Chapter 765 of the Florida Statutes." These letters essentially revoked Betty's Directive without expressing which grounds supported revocation and absent evidence of any of the grounds set forth in section 765.105....

...Accordingly, no authority mandates that Laurence come forward and establish the validity of the Directive. Therefore, we reverse and remand on this issue for a determination by the trial court of whether Betty's Directive is valid, and if so, what grounds under section 765.105 require its revocation....

...We affirm the court’s appointment of the brothers as co-guardians without further discussion. But we reverse the court’s revocation of the ward’s appointment of a health care surrogate for failure to “express[] which grounds supported revocation and absent evidence of any of the grounds set forth in section 765.105[, Florida Statutes (2007)].” Graham v. Florida Dep’t of Child. & Families, 970 So. 2d 438, 443 (Fla. 4th DCA 2007); see also Martinez v. Guardianship of Smith, 159 So. 3d 394, 400 (Fla. 4th DCA 2015). On remand, the court must determine what grounds under section 765.105 require revocation of the health care surrogate if it determines any such grounds exist. Affirmed in part, reversed in part, and remanded. WARNER, GROSS and KUNTZ, JJ., concur. * * * N...

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