eLaws of Florida

  SECTION 765.104. Amendment or revocation.  


Latest version.
  • 1(1) 2An advance directive may be amended or revoked at any time by a competent principal:
    17(a) 18By means of a signed, dated writing;
    25(b) 26By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal’s presence and at the principal’s direction;
    53(c) 54By means of an oral expression of intent to amend or revoke; or
    67(d) 68By means of a subsequently executed advance directive that is materially different from a previously executed advance directive.
    86(2) 87Unless otherwise provided in the advance directive or in an order of dissolution or annulment of marriage, the dissolution or annulment of marriage of the principal revokes the designation of the principal’s former spouse as a surrogate.
    124(3) 125Any such amendment or revocation will be effective when it is communicated to the surrogate, health care provider, or health care facility. No civil or criminal liability shall be imposed upon any person for a failure to act upon an amendment or revocation unless that person has actual knowledge of such amendment or revocation.
    179(4) 180Any patient for whom a medical proxy has been recognized under s. 192765.401 193and for whom any previous legal disability that precluded the patient’s ability to consent is removed may amend or revoke the recognition of the medical proxy and any uncompleted decision made by that proxy. The amendment or revocation takes effect when it is communicated to the proxy, the health care provider, or the health care facility in writing or, if communicated orally, in the presence of a third person.
History.-s. 2, ch. 92-199; s. 47, ch. 96-169; s. 19, ch. 99-331; s. 12, ch. 2002-195; s. 4, ch. 2015-153.

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