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Florida Statute 765.401 The proxy.--
(1) If an incapacitated or developmentally disabled patient [e.s.] has
not executed an advance directive, or designated a surrogate to execute
an advance directive, or the designated or alternate surrogate is no
longer available to make health care decisions, health care decisions
may be made for the patient by any of the following individuals, in the
following order of priority, if no individual in a prior class is
reasonably available, willing, or competent to act:
(a) The judicially appointed guardian of the patient or the guardian
advocate of the person having a developmental disability as defined in
s. 393.063, who has been authorized to consent to medical treatment, if
such guardian has previously been appointed; however, this paragraph
shall not be construed to require such appointment before a treatment
decision can be made under this subsection;
(b) The patient's spouse;
(c) An adult child of the patient, or if the patient has more than one
adult child, a majority of the adult children who are reasonably
available for consultation;
(d) A parent of the patient;
(e) The adult sibling of the patient or, if the patient has more than
one sibling, a majority of the adult siblings who are reasonably
available for consultation;
(f) An adult relative of the patient who has exhibited special care and
concern for the patient and who has maintained regular contact with the
patient and who is familiar with the patient's activities, health, and
religious or moral beliefs; or
(g) A close friend of the patient.
(h) A clinical social worker licensed pursuant to chapter 491, or who
is a graduate of a court-approved guardianship program. Such a proxy
must be selected by the provider's bioethics committee and must not be
employed by the provider. If the provider does not have a bioethics
committee, then such a proxy may be chosen through an arrangement with
the bioethics committee of another provider. The proxy will be notified
that, upon request, the provider shall make available a second
physician, not involved in the patient's care to assist the proxy in
evaluating treatment. Decisions to withhold or withdraw life-prolonging
procedures will be reviewed by the facility's bioethics committee.
Documentation of efforts to locate proxies from prior classes must be
recorded in the patient record.
(2) Any health care decision made under this part must be based on the
proxy's informed consent and on the decision the proxy reasonably
believes the patient would have made under the circumstances. If there
is no indication of what the patient would have chosen, the proxy may
consider the patient's best interest in deciding that proposed
treatments are to be withheld or that treatments currently in effect are
to be withdrawn. [e.s.]
(3) Before exercising the incapacitated patient's rights to select or
decline health care, the proxy must comply with the provisions of ss.
765.205 and 765.305, except that a proxy's decision to withhold or
withdraw life-prolonging procedures [e.s.] must be supported by clear
and convincing evidence that the decision would have been the one the
patient would have chosen had the patient been competent or, if there is
no indication of what the patient would have chosen, that the decision
is in the patient's best interest.
(4) Nothing in this section shall be construed to preempt the
designation of persons who may consent to the medical care or treatment
of minors established pursuant to s. 743.0645.
History.--s. 5, ch. 92-199; s. 12, ch. 94-183; s. 32, ch. 99-331; s. 15,
ch. 2000-295; s. 7, ch. 2001-250; s. 136, ch. 2001-277; s. 13, ch.
2002-195; s. 5, ch. 2003-57.
Florida Statute 765.401 The proxy.--
(1) If an incapacitated or developmentally disabled patient [e.s.] has
not executed an advance directive, or designated a surrogate to execute
an advance directive, or the designated or alternate surrogate is no
longer available to make health care decisions, health care decisions
may be made for the patient by any of the following individuals, in the
following order of priority, if no individual in a prior class is
reasonably available, willing, or competent to act:
(a) The judicially appointed guardian of the patient or the guardian
advocate of the person having a developmental disability as defined in
s. 393.063, who has been authorized to consent to medical treatment, if
such guardian has previously been appointed; however, this paragraph
shall not be construed to require such appointment before a treatment
decision can be made under this subsection;
(b) The patient's spouse;
(c) An adult child of the patient, or if the patient has more than one
adult child, a majority of the adult children who are reasonably
available for consultation;
(d) A parent of the patient;
(e) The adult sibling of the patient or, if the patient has more than
one sibling, a majority of the adult siblings who are reasonably
available for consultation;
(f) An adult relative of the patient who has exhibited special care and
concern for the patient and who has maintained regular contact with the
patient and who is familiar with the patient's activities, health, and
religious or moral beliefs; or
(g) A close friend of the patient.
(h) A clinical social worker licensed pursuant to chapter 491, or who
is a graduate of a court-approved guardianship program. Such a proxy
must be selected by the provider's bioethics committee and must not be
employed by the provider. If the provider does not have a bioethics
committee, then such a proxy may be chosen through an arrangement with
the bioethics committee of another provider. The proxy will be notified
that, upon request, the provider shall make available a second
physician, not involved in the patient's care to assist the proxy in
evaluating treatment. Decisions to withhold or withdraw life-prolonging
procedures will be reviewed by the facility's bioethics committee.
Documentation of efforts to locate proxies from prior classes must be
recorded in the patient record.
(2) Any health care decision made under this part must be based on the
proxy's informed consent and on the decision the proxy reasonably
believes the patient would have made under the circumstances. If there
is no indication of what the patient would have chosen, the proxy may
consider the patient's best interest in deciding that proposed
treatments are to be withheld or that treatments currently in effect are
to be withdrawn. [e.s.]
(3) Before exercising the incapacitated patient's rights to select or
decline health care, the proxy must comply with the provisions of ss.
765.205 and 765.305, except that a proxy's decision to withhold or
withdraw life-prolonging procedures [e.s.] must be supported by clear
and convincing evidence that the decision would have been the one the
patient would have chosen had the patient been competent or, if there is
no indication of what the patient would have chosen, that the decision
is in the patient's best interest.
(4) Nothing in this section shall be construed to preempt the
designation of persons who may consent to the medical care or treatment
of minors established pursuant to s. 743.0645.
History.--s. 5, ch. 92-199; s. 12, ch. 94-183; s. 32, ch. 99-331; s. 15,
ch. 2000-295; s. 7, ch. 2001-250; s. 136, ch. 2001-277; s. 13, ch.
2002-195; s. 5, ch. 2003-57.
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