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 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 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; s. 16, ch. 2015-153.
Florida Legal Code