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FL H1119
Bill
Status
6/26/2023
Primary Sponsor
Health & Human Services Committee
Click for details
AI Summary
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Court approval is required for professional guardians to withhold or withdraw life-prolonging procedures or execute orders not to resuscitate, with exceptions for decisions consistent with the ward's advance directive or in specific hospital conditions.
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Professional guardians must prove by clear and convincing evidence that proposed actions would align with what the ward would have chosen if capable, or that the action is in the ward's best interests.
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Courts must hold a preliminary hearing within 72 hours if exigent circumstances are alleged, with options to rule immediately or conduct a full evidentiary hearing within 4 days.
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Guardians must file discovered advance directives with the court no later than the initial guardianship report deadline or when petitioning for authority over life-prolonging procedures, and must report in guardianship plans whether any preexisting DNR orders or advance directives have been revoked, modified, or suspended.
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Surrogates named in valid advance directives may exercise health care decision authority without court approval if the advance directive is deemed an alternative to guardianship, even if also appointed as guardian for other rights.
Legislative Description
Withholding or Withdrawal of Life-prolonging Procedures
Last Action
Chapter No. 2023-287
6/26/2023