An Autopsy in a Lake Mary, Florida or Orlando, Florida Probate Case
- October 3, 2024
- ontarget
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You may want an autopsy in a Lake Mary, Florida or Orlando, Florida Probate Case. There may be many different reasons why you may be asking the court for an autopsy. How will the court determine if an autopsy is appropriate in the case? Here’s how the court determines whether to allow an autopsy in the probate case:
Florida Statute 872.04(2) provides:
Unless otherwise authorized by statute, no autopsy shall be permitted without written consent by the health care surrogate, as provided in Florida Statute 765.202, if one is designated. If a health care surrogate has not been designated, then written consent may be provided by the spouse, nearest relative, or, if no such next of kin can be found, the person who has assumed custody of the body for purposes of burial. When two or more persons assume custody of the body for such purposes, then the consent of any one of them shall be sufficient to authorize the autopsy.
Florida Statute 765.202, Designation of a health care surrogate states:
(1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provide to the surrogate.
A written designation of a health care surrogate executed pursuant to Florida Statute 765.202 establishes a rebuttable presumption of clear and convincing evidence of the principal designation of health care surrogate.
If you have more questions regarding a Probate Law matter or Elder Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.