What is chapter 765 Florida Statutes?

765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties. 765.112 Recognition of advance directive executed in another state.

What is defined by Florida law as a patient being incapacitated?

Legal Incapacity Florida Statutes section 731.201 (21) defines an incapacitated person as anyone who is either a minor or who has been determined by the court to lack the ability to manage property or meet his or her own health and safety requirements.

What is a health care proxy Florida?

A health care proxy is used in Florida when someone is incapacitated and has not created a designation of health care surrogate or the designated surrogate is unable or unwilling to act.

Can family override advance directive in Florida?

But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.

Who makes decisions for an incapacitated patient?

For patients who are incapacitated and have no advance directive in place to state their preferences for medical decisions, there are two options — a court-appointed guardian or a surrogate decision-maker.

Can a doctor declare someone incompetent in Florida?

The process for declaring someone incompetent or incapacitated begins with filing a Petition to Determine Incapacity with the court (Fla. Stat. §744.331(1)). The Court will then appoint an examining committee to assess the mental and physical condition of the person who is allegedly incapacitated (Fla.

How is incapacity determined in Florida?

In determining incapacity, the court shall consider the person’s unique needs and abilities and may only remove those rights that the court finds the person does not have the capacity to exercise. A person is determined to be incapacitated only with respect to those rights specified in the order.

Does a Florida Health Care Proxy need to be notarized?

At least one of your witnesses must not be your spouse or a blood relative. Note: You do not need to notarize your Florida Designation of Healthcare Surrogate.

Is Health Care Proxy and surrogate the same?

A Health Care Proxy is also known as a Health Care Surrogate, Agent, Attorney-in-Fact or other similar terms. Here, we’ll use the terms Healthcare Surrogate, Proxy and Agent interchangeably. A Health Care Proxy makes medical decisions for you if you can’t make them on your own for any reason.