Florida Statutes § 765.305 — Procedure in absence of a living will.
Search Florida StatutesFrom the Legislature's 2026 edition, which includes changes effective through January 1, 2027. Later effective dates are retained in each section's source notes.
Part III — LIFE-PROLONGING PROCEDURES
(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
History.—s. 4, ch. 92-199; s. 28, ch. 99-331; s. 13, ch. 2000-295.
Source captured on 2026-10-10. Read the official chapter.