Florida Will Laws

  Florida

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

FL ST § 732-101 to 732-111

Florida Statutes Title XLII, Chapter 732, Part I (Intestate Succession)

State Law Statute

765.101, et seq. Health Care Advance Directives

Specific Powers

Any medical procedure, treatment, or intervention which utilizes mechanical or other artificial means to sustain, restore, supplant a spontaneous vital function and serves only to prolong the dying process of a patient in terminal condition; does not include medication or a medical procedure to provide comfort care or to alleviate pain

Revocation Duration

A living will is revocable at any time by principal by:

1. signed, dated revocation in writing
2. destruction of the original declaration
3. oral expression of intent to revoke
4. subsequent advance directive materially different from the previously executed advance directive
5. divorce revokes the designation of former spouse as surrogate.
6. Revocation becomes effective when properly communicated

Reciprocity

An advanced directive executed in another state, in compliance with the laws of that state or Florida, is considered to be validly executed.

Transfer Unwilling

Physician should make reasonable efforts to transfer to a health care provider who will comply with the declaration; a physician unwilling to carry out the patients wishes because of moral or ethical beliefs must within 7 days::

1. transfer the patient and pay the cost of transporting the patient to another health care provider or
2. carry out the wishes of the patient unless provisions of judicial intervention apply

   Immunity Physician

   Health care facility, provider or other person who acts under the direction of a health care facility, or provider is not subject to criminal prosecution or civil or professional liability for carrying out a health care decisio