765.105 Review of surrogate or proxy’s decision. - Florida Statutes

765.105 Review of surrogate or proxy’s decision.

The patient’s family, the health care facility, or the attending 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:

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

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

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or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked;

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

   (5) The surrogate or proxy has abused powers; or

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

History. s. 2, ch. 92-199; s. 4, ch. 94-183.