Florida Statute 765.305 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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765.305 Procedure in absence of a living will.—

(1) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate’s authority to consent to the withholding or withdrawal of life-prolonging procedures.

(2) Before exercising the incompetent patient’s right to forego treatment, the surrogate must be satisfied that:

(a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient.

(b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal.

History.—s. 4, ch. 92-199; s. 28, ch. 99-331; s. 13, ch. 2000-295.

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Amendments to 765.305

Annotations, Discussions, Cases:

Cases Citing Statute 765.305

Total Results: 1

In Re Guardianship of Schiavo

800 So. 2d 640, 2001 WL 1230544

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1283113

Cited 11 times | Published

See § 765.101(4), Fla. Stat. (2000). [2] See § 765.305(2)(a), Fla. Stat. (2000). [3] See § 765.401,

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