Florida Statutes 744.3115 – Advance directives for health care
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 744.3115
- Court: means the circuit court. See Florida Statutes 744.102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
- Next of kin: means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person. See Florida Statutes 744.102
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765.
(1) For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101.
(2) If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the ward with regard to health care decisions and what authority, if any, the surrogate shall continue to exercise over the ward with regard to health care decisions.
(3) Pursuant to the grounds listed in s. 765.105, or if the surrogate is unwilling or unable to act, the court may, upon motion from any interested person or upon its own motion, with notice to the surrogate; next of kin, if known; and any other interested persons as the court may direct, modify or revoke the authority of the surrogate to make health care decisions for the ward. Any order revoking or modifying the authority of the surrogate must be supported by specific written findings of fact after a hearing on the motion.
(4) If a court order provides that a guardian is responsible for making health care decisions for the ward, the guardian shall assume the responsibilities of the surrogate which are provided in s. 765.205.
(5) If a guardian discovers an advance directive for health care for the ward after the guardian is appointed, the guardian must file the advance directive with the court as soon after its discovery as is reasonable, but no later than the due date for the initial guardianship report or the annual guardianship plan or the filing date for a petition seeking to exercise authority regarding life-prolonging procedures in compliance with s. 744.4431, whichever is earlier. After the guardian files an advance directive for health care, the court must determine if the advance directive is an alternative to guardianship and what authority, if any, the guardian will exercise over health care decisions for the ward pursuant to subsections (3) and (4).
(6) Upon a finding by the court that a health care surrogate designation or a durable power of attorney is an alternative to guardianship for health care decisions, the surrogate or agent may exercise the right to make health care decisions for the ward under the applicable advance directive or durable power of attorney without order of the court even if the surrogate or agent has been appointed as guardian of the ward for other delegable rights.