Florida Statutes 765.305 – Procedure in absence of a living will
Current as of: 2023 | Check for updates
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(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.
Terms Used In Florida Statutes 765.305
- End-stage condition: means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective. See Florida Statutes 765.101
- Health care: means care, services, or supplies related to the health of an individual and includes, but is not limited to, preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the individual's physical or mental condition or functional status or that affect the structure or function of the individual's body. See Florida Statutes 765.101
- incompetent: means the patient is physically or mentally unable to communicate a willful and knowing health care decision. See Florida Statutes 765.101
- Persistent vegetative state: means a permanent and irreversible condition of unconsciousness in which there is:(a) The absence of voluntary action or cognitive behavior of any kind. See Florida Statutes 765.101
- Surrogate: means any competent adult expressly designated by a principal to make health care decisions and to receive health information. See Florida Statutes 765.101
(b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal.