Fla. Stat. § 765.304
Procedure for living will
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2015
As of January 1, 2011
(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.
(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.
(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.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.