The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 765
HEALTH CARE ADVANCE DIRECTIVES

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F.S. 765.105

765.105 Review of surrogate or proxy’s decision.—

(1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes:

(a) The surrogate or proxy’s decision is not in accord with the patient’s known desires or this chapter;

(b) The advance directive is ambiguous, or the patient has changed his or her mind after execution of the advance directive;

(c) The surrogate or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked;

(d) The surrogate or proxy has failed to discharge duties, or incapacity or illness renders the surrogate or proxy incapable of discharging duties;

(e) The surrogate or proxy has abused his or her powers; or

(f) The patient has sufficient capacity to make his or her own health care decisions.

(2) This section does not apply to a patient who is not incapacitated and who has designated a surrogate who has immediate authority to make health care decisions or receive health information, or both, on behalf of the patient.

History.—s. 2, ch. 92-199; s. 4, ch. 94-183; s. 5, ch. 2015-153; s. 85, ch. 2016-10.

F.S. 765.105 on Google Scholar

F.S. 765.105 on Casetext

Amendments to 765.105

Arrestable Offenses / Crimes under Fla. Stat. 765.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 765.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . as plenary guardian and revoked appellant’s authority as health care surrogate pursuant to section 765.105 . . . Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the . . . One of the grounds listed in section 765.105 is: “The surrogate or proxy has abused powers[.]” § 765.105 . . .

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

. . . court effectively revoked Betty’s valid Directive, and did so without the necessary proof under section 765.105 . . . Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the . . . expressing which grounds supported revocation and absent evidence of any of the grounds set forth in section 765.105 . . . determination by the trial court of whether Betty’s Directive is valid, and if so, what grounds under section 765.105 . . .

SCHIAVO, SCHINDLER v. SCHIAVO, W., 403 F.3d 1223 (11th Cir. 2005)

. . . . § 765.105. . . . Stat. § 765.105. . . .

SCHIAVO, SCHINDLER v. SCHIAVO, W., 357 F. Supp. 2d 1378 (M.D. Fla. 2005)

. . . . § 765.105. . . . Stat. § 765.105. . . .

BUSH, v. SCHIAVO,, 885 So. 2d 321 (Fla. 2004)

. . . Finally, the Act does not provide for review of the Governor’s decision as proxy as required by section 765.105 . . . ’s decision is not in accord with the patient’s known desires or the provisions of this chapter.” § 765.105 . . . Ch. 92-199, § 2 at 1842, Laws of Fla.; § 765.105, Fla. Stat. (2003). . . .