The Florida Senate

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 probability of recovering competency so that the right could be exercised directly by the principal.

(b)  The principal's physical condition is terminal.

(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.