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Florida Statute 765.404 | Lawyer Caselaw & Research
F.S. 765.404 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 765.404

The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS
Chapter 765
HEALTH CARE ADVANCE DIRECTIVES
View Entire Chapter
F.S. 765.404
765.404 Persistent vegetative state.For persons in a persistent vegetative state, as determined by the person’s primary physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:
(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and
(2) The guardian and the person’s primary physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person’s primary physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection.
History.s. 33, ch. 99-331; s. 18, ch. 2015-153.

F.S. 765.404 on Google Scholar

F.S. 765.404 on Casetext

Amendments to 765.404


Arrestable Offenses / Crimes under Fla. Stat. 765.404
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 765.404.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In GUARDIANSHIP OF SCHIAVO, T. v., 916 So. 2d 814 (Fla. Dist. Ct. App. 2005)

. . . While this case has been pending, sections 765.401 and 765.404, Florida Statutes (1999— 2003), have been . . .

In GUARDIANSHIP OF SCHIAVO, v., 780 So. 2d 176 (Fla. Dist. Ct. App. 2001)

. . . This case does not involve section 765.404, Florida Statutes (2000). . . .