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Florida Statute 765.205 - Full Text and Legal Analysis
Florida Statute 765.205 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 765.205 Case Law from Google Scholar Google Search for Amendments to 765.205

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS
Chapter 765
HEALTH CARE ADVANCE DIRECTIVES
View Entire Chapter
765.205 Responsibility of the surrogate.
(1) The surrogate, in accordance with the principal’s instructions, unless such authority has been expressly limited by the principal, shall:
(a) Have authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity.
(b) Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which he or she believes the principal would have made under the circumstances if the principal were capable of making such decisions. If there is no indication of what the principal would have chosen, the surrogate may consider the patient’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.
(c) Provide written consent using an appropriate form whenever consent is required, including a physician’s order not to resuscitate.
(d) Be provided access to the appropriate health information of the principal.
(e) Apply for public benefits, such as Medicare and Medicaid, for the principal and have access to information regarding the principal’s income and assets and banking and financial records to the extent required to make application. A health care provider or facility may not, however, make such application a condition of continued care if the principal, if capable, would have refused to apply.
(2) The surrogate may authorize the release of health information to appropriate persons to ensure the continuity of the principal’s health care and may authorize the admission, discharge, or transfer of the principal to or from a health care facility or other facility or program licensed under chapter 400 or chapter 429.
(3) If, after the appointment of a surrogate, a court appoints a guardian, the surrogate shall continue to make health care decisions for the principal, unless the court has modified or revoked the authority of the surrogate pursuant to s. 744.3115. The surrogate may be directed by the court to report the principal’s health care status to the guardian.
History.s. 3, ch. 92-199; s. 9, ch. 94-183; s. 50, ch. 96-169; s. 23, ch. 99-331; s. 11, ch. 2000-295; s. 6, ch. 2001-250; s. 135, ch. 2001-277; s. 106, ch. 2006-197; s. 13, ch. 2015-153.

F.S. 765.205 on Google Scholar

F.S. 765.205 on CourtListener

Amendments to 765.205


Annotations, Discussions, Cases:

Cases Citing Statute 765.205

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Est. of Irons Ex Rel. Springer v. Arcadia Healthcare, L.C., 66 So. 3d 396 (Fla. 2d DCA 2011).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 12145, 2011 WL 3300218

...The specifically listed powers, however, relate to the direct provision of medical care. The POA is called a "Health Care Power of Attorney" and identifies Mrs. Springer as a "health care surrogate," suggesting a limited role for Mrs. Springer. See § 765.205, Fla....
...Irons intended to authorize her daughter to act for her in matters related to her property rights or potential litigation with health care providers. Particularly persuasive is the fact that the POA contains language strikingly similar to that used in the health care surrogate statute. See section 765.205....
...Irons] can make [her] own health care decisions or provide informed consent." Mrs. Irons' surrogate "must diligently attempt to notify [Mrs. Irons'] spouse and any adult children upon [her] incapacity and before exercising this Power [of attorney]." [2] Section 765.205 provides that (1) a health care surrogate's responsibilities (powers) are to (a) act for the principal to make all health care decisions (only) during the principal's incapacity, (b) consult with providers to (c) give informed written...
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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024).

Published | Supreme Court of Florida

Stat. Capacity of principal; procedure. § 765.205(3), Fla. Stat. Responsibility of the surrogate
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Preneed guardian. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....
...Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...§ 709.08, Fla. Stat. Durable power of attorney. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....
...§ 709.08, Fla. Stat. Durable power of attorney. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....
...Durable power of attorneyFlorida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla....