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The Florida Senate

2012 Florida Statutes

Title XLIV CIVIL RIGHTS
Chapter 765 HEALTH CARE ADVANCE DIRECTIVES Entire Chapter
SECTION 304
Procedure for living will.
F.S. 765.304
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.