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Current as of January 01, 2023 | Updated by FindLaw Staff
(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 person's primary physician may proceed as directed by the principal in the living will. In the event of a dispute or disagreement concerning the primary physician's decision to withhold or withdraw life-prolonging procedures, the primary 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 primary physician's decision to withhold or withdraw life-prolonging procedures, the primary 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.
Cite this article: FindLaw.com - Florida Statutes Title XLIV. Civil Rights § 765.304. Procedure for living will - last updated January 01, 2023 | https://codes.findlaw.com/fl/title-xliv-civil-rights/fl-st-sect-765-304/
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