Florida Statute 765.302 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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765.302 Procedure for making a living will; notice to physician.—

(1) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal’s signature in the principal’s presence and at the principal’s direction.

(2) It is the responsibility of the principal to provide for notification to her or his primary physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. A primary physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal’s medical records.

(3) A living will, executed pursuant to this section, establishes a rebuttable presumption of clear and convincing evidence of the principal’s wishes.

History.—s. 4, ch. 92-199; s. 1147, ch. 97-102; s. 25, ch. 99-331; s. 14, ch. 2015-153.

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Amendments to 765.302

Annotations, Discussions, Cases:

Cases Citing Statute 765.302

Total Results: 5

In Re: Amendments to Florida Probate Rules - 2024 Legislation

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

Published

Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will;

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will;

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

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

Published

Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will;

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

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

Published

Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will;

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

Fla. Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will;

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