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The Florida Senate

1998 Florida Statutes

765.104  Revocation.--

(1)  An advance directive or designation of a surrogate may be revoked at any time by a competent principal:

(a)  By means of a signed, dated writing;

(b)  By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal's presence and at the principal's direction;

(c)  By means of an oral expression of intent to revoke; or

(d)  By means of a subsequently executed advance directive that is materially different from a previously executed advance directive.

(2)  Unless otherwise provided in the advance directive or in an order of dissolution or annulment of marriage, the dissolution or annulment of marriage of the principal revokes the designation of the principal's former spouse as a surrogate.

(3)  Any such revocation will be effective when it is communicated to the surrogate, health care provider, or health care facility. No civil or criminal liability shall be imposed upon any person for a failure to act upon a revocation unless that person has actual knowledge of such revocation.

History.--s. 2, ch. 92-199; s. 47, ch. 96-169.