In the Circuit Court of the Twelfth Judicial Circuit
in and for DeSoto, Manatee, and Sarasota Counties, Florida
Administrative Order No: 2024–14.5
(rescinds 2020–02.5)
In Re:
Rescinding Administrative Order Regarding
Do-Not Resuscitate Orders for the Ward in
Guardianship Cases
In 2020, the Court entered Administrative Order 2020-02.5, which provided guidance and oversight to guardians regarding advance directives, end of life decisions, and Do Not Resuscitate orders.
In 2023, the Florida Legislature enacted section 744.4431, Florida Statutes, which requires professional guardians (as defined in section 744.102(17)) to petition the court for authority to consent to withhold or withdraw life-prolonging procedures or to execute an order not to resuscitate on behalf of a ward. Additionally, section 744.3215(3)(f) was amended in 2023 to require court approval for the withdrawal or withholding of life-prolonging procedures, pursuant to the provisions of the new § 744.4431. The enactment of section 744.4431 and amendment of section 744.3215(3)(f) have rendered Administrative Order 2020-02.5 unnecessary.
In accordance with Article V, section 7, Florida Constitution, section 43.26, Florida Statutes, and pursuant to the authority vested in Rule 2.215, Florida Rules of General Practice and Judicial Administration, it is, accordingly, ordered that Administrative Order 2020-02.5, rendered January 17, 2020, is hereby rescinded, effective immediately.
Done and ordered in chambers in Bradenton, Manatee County, Florida, this 2 day of July, 2024.
Diana L. Moreland Chief Judge
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