Legal Research Home > Florida Lawyer > Civil Rights > Florida Civil Rights Code Section 765.304 - Health Care Advance Directives - Procedure for living will.

Title XLIV CIVIL RIGHTS

Chapter 765 HEALTH CARE ADVANCE DIRECTIVES

765.304 Procedure for living will.--

(1) If a person has made a living will expressing his or her desires concerning life-prolonging procedures, but has not designated a surrogate to execute his or her wishes concerning life-prolonging procedures or designated a surrogate under part II, the attending physician may proceed as directed by the principal in the living will. In the event of a dispute or disagreement concerning the attending physician's decision to withhold or withdraw life-prolonging procedures, the attending physician shall not withhold or withdraw life-prolonging procedures pending review under s. 765.105. If a review of a disputed decision is not sought within 7 days following the attending physician's decision to withhold or withdraw life-prolonging procedures, the attending physician may proceed in accordance with the principal's instructions.

(2) Before proceeding in accordance with the principal's living will, it must be determined that:

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

(b) The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state.

(c) Any limitations or conditions expressed orally or in a written declaration have been carefully considered and satisfied.

History.--s. 4, ch. 92-199; s. 10, ch. 94-183; s. 27, ch. 99-331.

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Last modified: November 21, 2006