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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLIV. CIVIL RIGHTS |
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CHAPTER 765. HEALTH CARE ADVANCE DIRECTIVES |
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PART V. ANATOMICAL GIFTS |
Latest version.
- 1(1) 2Any person who may make a will may make an anatomical gift of his or her body.19(a) 20If the decedent makes an anatomical gift by one of the methods listed in s. 35765.514(1), 36and in the absence of actual notice of contrary indications by the decedent, the document or entry in the donor registry is legally sufficient evidence of the decedent’s informed consent to donate an anatomical gift.71(b) 72An anatomical gift made by a qualified donor and not revoked by the donor, as provided in s. 90765.516, 91is irrevocable after the donor’s death. A family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or prevent a donor’s wish or intent to make an anatomical gift after the donor’s death.128(2) 129A health care surrogate designated by the decedent pursuant to part II of this chapter may give all or any part of the decedent’s body for any purpose specified in s. 160765.513 161absent actual notice of contrary indications by the decedent.170(3) 171If the decedent has not made an anatomical gift or designated a health surrogate, a member of one of the classes of persons listed below, in the order of priority listed and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of a prior class, may give all or any part of the decedent’s body for any purpose specified in s. 243765.513244:245(a) 246The spouse of the decedent;251(b) 252An adult son or daughter of the decedent;260(c) 261Either parent of the decedent;266(d) 267An adult brother or sister of the decedent;275(e) 276An adult grandchild of the decedent;282(f) 283A grandparent of the decedent;288(g) 289A close personal friend, as defined in s. 297765.101;298(h) 299A guardian of the person of the decedent at the time of his or her death; or316(i) 317A representative ad litem appointed by a court of competent jurisdiction upon a petition heard ex parte filed by any person, who shall ascertain that no person of higher priority exists who objects to the gift of all or any part of the decedent’s body and that no evidence exists of the decedent’s having made a communication expressing a desire that his or her body or body parts not be donated upon death.
390Those of higher priority who are reasonably available must be contacted and made aware of the proposed gift and a reasonable search must be conducted which shows that there would have been no objection to the gift by the decedent.
430(4) 431A donee may not accept an anatomical gift if the donee has actual notice of contrary indications by the donor or actual notice that an anatomical gift by a member of a class is opposed by a member of a prior class.473(5) 474The person authorized by subsection (3) may make the anatomical gift after the decedent’s death or immediately before the decedent’s death.495(6) 496An anatomical gift authorizes:500(a) 501Any examination necessary to assure medical acceptability of the gift for the purposes intended.515(b) 516The decedent’s medical provider, family, or a third party to furnish medical records requested concerning the decedent’s medical and social history.537(7) 538Once the anatomical gift has been made, the rights of the donee are paramount to the rights of others, except as provided by s. 562765.517563.
History.-s. 1, ch. 74-106; s. 45, ch. 75-220; s. 4, ch. 84-264; s. 62, ch. 85-62; s. 5, ch. 95-423; s. 974, ch. 97-102; s. 6, ch. 98-68; s. 12, ch. 99-331; s. 62, ch. 2001-226; s. 2, ch. 2003-46; s. 2, ch. 2008-223; s. 2, ch. 2009-218.
Note
Note.-Created from former s. 736.23; s. 732.912.
