Section 765.305 - Procedure in absence of a living will(1) In the absence of a living will, 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 medical probability of recovering capacity so that the right could be exercised by the patient.(b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient's physical condition is terminal.s.4, ch. 92-199; s.28, ch. 99-331; s.13, ch. 2000-295.