765.305  Procedure in absence of a living will.--

(1)  In the absence of a living will executed pursuant to s. 765.303, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate's authority to consent to the withholding or withdrawal of life-prolonging procedures.

(2)  Before exercising the incompetent patient's right to forego treatment, the surrogate must be satisfied that:

(a)  The patient does not have a reasonable probability of recovering competency so that the right could be exercised by the patient.

(b)  The patient's physical condition is terminal.