Procedure in absence of a living will.
F.S. 765.305
in effect(1)
In the absence of a living will, 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 medical probability of recovering capacity so that the right could be exercised by the patient.
(b)
The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter765/AllFetched: 7/8/2026