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1998 Florida Statutes
Procedure in absence of a living will.
765.305 Procedure in absence of a living will.--
(1) In the absence of a living will executed pursuant to s. 765.303, 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:
(a) The patient does not have a reasonable probability of recovering competency so that the right could be exercised by the patient.
(b) The patient's physical condition is terminal.
History.--s. 4, ch. 92-199.