765.201 – Short title.

765.201 Short title.—Sections 765.202-765.205 may be cited as the “Florida Health Care Surrogate Act.” History.—s. 3, ch. 92-199.

765.202 – Designation of a health care surrogate.

765.202 Designation of a health care surrogate.— (1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the […]

765.203 – Suggested form of designation.

765.203 Suggested form of designation.—A written designation of a health care surrogate executed pursuant to this chapter may, but need not be, in the following form: DESIGNATION OF HEALTH CARE SURROGATE I,   (name)  , designate as my health care surrogate under s. 765.202, Florida Statutes: Name:   (name of health care surrogate)   Address:   (address)   Phone:   (telephone)   If my […]

765.2035 – Designation of a health care surrogate for a minor.

765.2035 Designation of a health care surrogate for a minor.— (1) A natural guardian as defined in s. 744.301(1), legal custodian, or legal guardian of the person of a minor may designate a competent adult to serve as a surrogate to make health care decisions for the minor. Such designation shall be made by a written document […]

765.2038 – Designation of health care surrogate for a minor; suggested form.

765.2038 Designation of health care surrogate for a minor; suggested form.—A written designation of a health care surrogate for a minor executed pursuant to this chapter may, but need not, be in the following form: DESIGNATION OF HEALTH CARE SURROGATEFOR MINOR I/We,   (name/names)  , the [ ] natural guardian(s) as defined in s. 744.301(1), Florida Statutes; [ ] legal […]

765.204 – Capacity of principal; procedure.

765.204 Capacity of principal; procedure.— (1) A principal is presumed to be capable of making health care decisions for herself or himself unless she or he is determined to be incapacitated. While a principal has decisionmaking capacity, the principal’s wishes are controlling. Each physician or health care provider must clearly communicate to a principal with decisionmaking capacity […]

765.205 – Responsibility of the surrogate.

765.205 Responsibility of the surrogate.— (1) The surrogate, in accordance with the principal’s instructions, unless such authority has been expressly limited by the principal, shall: (a) Have authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity. (b) Consult expeditiously with appropriate health care providers to provide informed consent, […]