The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3115

744.3115 Advance directives for health care.—In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765.

(1) For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101.

(2) If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the ward with regard to health care decisions and what authority, if any, the surrogate shall continue to exercise over the ward with regard to health care decisions.

(3) Pursuant to the grounds listed in s. 765.105, or if the surrogate is unwilling or unable to act, the court may, upon motion from any interested person or upon its own motion, with notice to the surrogate; next of kin, if known; and any other interested persons as the court may direct, modify or revoke the authority of the surrogate to make health care decisions for the ward. Any order revoking or modifying the authority of the surrogate must be supported by specific written findings of fact after a hearing on the motion.

(4) If a court order provides that a guardian is responsible for making health care decisions for the ward, the guardian shall assume the responsibilities of the surrogate which are provided in s. 765.205.

(5) If a guardian discovers an advance directive for health care for the ward after the guardian is appointed, the guardian must file the advance directive with the court as soon after its discovery as is reasonable, but no later than the due date for the initial guardianship report or the annual guardianship plan or the filing date for a petition seeking to exercise authority regarding life-prolonging procedures in compliance with s. 744.4431, whichever is earlier. After the guardian files an advance directive for health care, the court must determine if the advance directive is an alternative to guardianship and what authority, if any, the guardian will exercise over health care decisions for the ward pursuant to subsections (3) and (4).

(6) Upon a finding by the court that a health care surrogate designation or a durable power of attorney is an alternative to guardianship for health care decisions, the surrogate or agent may exercise the right to make health care decisions for the ward under the applicable advance directive or durable power of attorney without order of the court even if the surrogate or agent has been appointed as guardian of the ward for other delegable rights.

History.—s. 6, ch. 92-199; s. 1, ch. 94-183; s. 7, ch. 2006-178; s. 8, ch. 2015-83; s. 1, ch. 2023-287.

F.S. 744.3115 on Google Scholar

F.S. 744.3115 on Casetext

Amendments to 744.3115

Arrestable Offenses / Crimes under Fla. Stat. 744.3115

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3115.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

. . . Who may be appointed guardian of a resident ward. g 744.3115. Fla.. Stat. . . .

MARTINEZ, v. GUARDIANSHIP OF J. SMITH,, 159 So. 3d 394 (Fla. Dist. Ct. App. 2015)

. . . Section 744.3115, Florida Statutes (2012), provides: In each proceeding in which a guardian is appointed . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.3115, Fla. Stat. Advance directives for health care. ch. 765, Fla. Stat. . . .

GRAHAM, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 970 So. 2d 438 (Fla. Dist. Ct. App. 2007)

. . . section 765.105, Florida Statutes (2007), and without notice and a hearing, in violation of section 744.3115 . . . Section 744.3115, Florida Statutes (2007), governing advance directives for health care, states: In each . . . effectively revoked her Directive, the trial court failed to comply with the requirements of section 744.3115 . . . See § 744.3115, Fla. Stat. (2007). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . . § 744.3115, Fla.Stat. Advanced directives for health care. ch. 765, Fla.Stat. . . .