Florida House Bill H1119

Florida 2023 Regular Session

• Introduced: 2/23/23
• Refer: 2/28/23
• Refer: 3/17/23
• Refer: 4/20/23
• Engrossed: 4/26/23
• Refer: 4/26/23
• Engrossed: 5/2/23
• Enrolled: 5/2/23
• Passed: 6/23/23
• Chaptered: 6/26/23

Caption

Withholding or Withdrawal of Life-prolonging Procedures

Impact

The enactment of HB 1119 impacts statutes related to guardianship, particularly by placing stringent regulations on the power of guardians when it comes to matters of life and death. By requiring court approval for the withdrawal of life-prolonging procedures, the bill aims to ensure that the wishes of the ward are carefully assessed and that multiple parties—including the ward's family and legal representatives—are involved in the decision-making process. This could lead to a more consistent and humane approach to end-of-life care across the state.

Summary

House Bill 1119, also called the Withholding or Withdrawal of Life-Prolonging Procedures bill, amends various sections of the Florida Statutes to modify how guardians can make health care decisions for their wards. The bill emphasizes the necessity for court approval before a professional guardian can withhold or withdraw life-prolonging procedures, aligning the decision-making process with existing advance directives. It establishes clear procedures for guardians to follow in seeking court consent, along with additional requirements for reports and hearings, aimed at protecting the interests of incapacitated individuals.

Sentiment

General sentiment regarding HB 1119 appears to be positive among proponents, who see it as a necessary measure for enhancing the protection of vulnerable individuals under guardianship. Supporters argue that requiring court oversight provides an essential safeguard against potential abuse or hasty decisions regarding life-sustaining treatments. However, concerns have been raised about the administrative burden it may place on the judicial system and the potential delays in critical health decisions arising from the need for court authorizations.

Contention

A notable point of contention surrounding HB 1119 involves the added bureaucracy it introduces, which critics argue might complicate and delay decisions that should be made quickly in healthcare contexts. Some stakeholders expressed apprehension that while the intent is to protect wards, the practical implications could hinder their access to timely medical care. The debate underscores the balance between protecting individual rights and ensuring guardians act in their wards' best interests, leading to discussions about the efficiency of the court system in managing such health care decisions.