Fla. Stat. 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:The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient.The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal.

(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.

Source: Section 765.305 — Procedure in absence of a living will, https://www.­flsenate.­gov/Laws/Statutes/2024/0765.­305 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 765.305. Proc. in absence of a living will's source at flsenate​.gov