North America
Temporary substitute decision maker (TSDM)
If an adult who needs health care is found incapable of consenting and has no available personal guardian or representative with authority, the health care provider chooses the first qualified person on a statutory list (spouse, child, parent, sibling, grandparent, grandchild, other relative, close friend, relative by marriage), or someone authorized by the Public Guardian and Trustee. Authority is decision-specific and ends if the adult regains capability.
- Assigned
- Health care provider decides the adult is incapable and chooses the first available qualified person in the s 16 order Incapacitated
- Starts
- When chosen for a particular health care decision Incapacitated
- Ends
- Adult becomes capable of giving or refusing consent Capable
- Person asks to be relieved and the provider chooses another person Incapacitated
- Adult dies (no statutory post-death role; unverified as there is no express provision) Deceased
Something missing or wrong for Canada — British Columbia?
Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, s 7; Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, ss 14-15; Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, s 16; Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, s 17; Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, ss 4-5
Substitute decision-maker under the Health Care Consent Act hierarchy
When a health practitioner finds a person incapable for a proposed treatment, consent comes from the highest-ranking person who is capable, 16 or older (unless a parent), available, willing and not barred. The ranking is: guardian of the person, attorney for personal care, Consent and Capacity Board representative, spouse or partner, child or parent (or CAS), parent with access only, sibling, any other relative. If no one qualifies, or equal-ranked people disagree, the Public Guardian and Trustee decides.
- Assigned
- By statute. No appointment is needed for family members. Ranking is set by s 20(1), subject to s 20(2)-(4). Incapacitated
- Starts
- Health practitioner forms the opinion that the person is incapable with respect to the treatment Incapacitated
- Ends
- Person becomes capable for the treatment (own decision governs), or the Consent and Capacity Board or a court on appeal finds them capable Capable
- Person dies: HCCA consent authority ends. Post-death donation consent is under the Gift of Life Act. Deceased
- A higher-ranked person becomes available and willing Incapacitated
Something missing or wrong for Canada — Ontario?
Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 20; Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 33; Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 10; Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 16; Gift of Life Act, RSO 1990, c H.20, s 5
Person qualified to consent to care (spouse, close relative, or person showing special interest)
When an adult is found incapable of consenting to care required by their state of health, and there are no advance medical directives, the mandatary or tutor consents. If there is none, consent comes from the married, civil union or de facto spouse. If there is no spouse or the spouse cannot act, it comes from a close relative or a person who shows a special interest. After death, the same person may consent to organ removal if the deceased's wishes are unknown.
- Assigned
- Incapacity to consent to care is ascertained and the person has no mandatary or tutor Incapacitated
- Starts
- When care required by the person's state of health is proposed Incapacitated
- Ends
- Person regains capacity to consent Capable
- A mandatary or tutor is in place (takes priority) Incapacitated
- Death: role for care ends, but the same person 'who was or would have been qualified to give consent to care' may consent to post-mortem organ removal and autopsy Deceased
Something missing or wrong for Canada — Québec?
Civil Code of Québec, art 15; Civil Code of Québec, CQLR c CCQ-1991, arts 11-12; Civil Code of Québec, arts 44-45
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — uniform/model law + federal?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
US — Arizona differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Patient unable to make or communicate health care decisions and no agent or health-care guardian available; provider contacts the highest-priority person willing to serve Incapacitated
- Ends
- Attending physician decides instead, with an institutional ethics committee's recommendation or a second physician's concurrence, where no listed person can be located Incapacitated
Something missing or wrong for US — Arizona?
UHCDA §12 (2023); UHCDA §5 (1993); A.R.S. § 36-3231
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Patient lacks capacity with no §4711 surrogate, agent or conservator; the health care provider or facility designee picks an adult who has shown special care and concern Incapacitated
- Starts
- Determination of incapacity by primary physician and selection by provider Incapacitated
- Ends
- Patient recovers capacity (determination by primary physician) Capable
- Patient disqualifies the person Capable
Something missing or wrong for US — California?
Cal. Prob. Code §4712; Cal. Prob. Code §4658
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Colorado?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
The person who may decide where no agent or authorised guardian is available, taken in statutory order. Nine classes, including a supported decision-making supporter, with no physician of last resort. A professional may require a declaration under penalty of perjury, but no form is prescribed.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Delaware?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
US — Florida differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Incapacitated patient has no advance directive or designated surrogate, or the surrogate is unavailable; first reasonably available, willing and competent class acts Incapacitated
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Patient whose disability is removed amends or revokes recognition of the proxy (effective when communicated in writing, or orally before a third person) Capable
Something missing or wrong for US — Florida?
Fla. Stat. §765.401 (2026); UHCDA §12 (2023); UHCDA §18(a) (2023); UHCDA §5 (1993); Fla. Stat. §765.104(4) (2026)
US — Idaho differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Person is not capable of giving consent; authority passes down the §39-4504(1) order, provided the surrogate has sufficient comprehension under §39-4503 and does not act contrary to the person’s ACPD or previously expressed wishes Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Idaho?
UHCDA §12 (2023); UHCDA §5 (1993); Idaho Code § 39-4504 [effective until January 1, 2027]; Idaho Code § 39-4510; UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Patient lacks decisional capacity and no authorized, available health care agent; attending physician identifies surrogate in priority order; telephone contact attempt within 24 hours Incapacitated
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Removed by patient who regains decisional capacity Capable
- Appointment of a guardian of the person Incapacitated
- Patient's death Deceased
Something missing or wrong for US — Illinois?
755 ILCS 40/25; 755 ILCS 40/25(a); 755 ILCS 40/15; UHCDA §12 (2023); UHCDA §18(a) (2023); UHCDA §5 (1993); 755 ILCS 40/25(f)
US — Indiana differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- No appointment is needed: §16-36-7-42(c) identifies the proxy by class, in decreasing order of priority, among those reasonably available, willing and competent Incapacitated
- Starts
- When the declarant is not capable of consenting to health care and either executed no directive or the designated representative is not willing, able or reasonably available Incapacitated
- Ends
- A person in a prior class becomes reasonably available, or the declarant regains capacity Incapacitated
Something missing or wrong for US — Indiana?
Ind. Code § 16-36-7-42; Ind. Code § 16-36-7-35
US — Iowa differs from the US model
Default health-care surrogate
Iowa's default surrogate is not a substitute decision maker: §144A.7 requires written agreement between the ranked relative and the attending physician, witnessed, and only to withhold or withdraw life-sustaining procedures in a terminal condition.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Iowa?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Kentucky?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Patient certified as a qualified patient with a terminal and irreversible condition, comatose or incapable of communication, with no prior declaration Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Louisiana?
UHCDA §12 (2023); UHCDA §5 (1993); La. Rev. Stat. §40:1151.4; UHCDA §18(a) (2023); UHCDA §14 (2023)
US — Maine differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Primary physician determines the patient lacks capacity and no agent or guardian exists or is reasonably available; the highest-priority reasonably available family member assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Maine?
UHCDA §12 (2023); UHCDA §5 (1993); Me. Rev. Stat. tit. 18-C, §5-806; UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Maryland?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
US — Massachusetts differs from the US model unverified
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Massachusetts?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
US — Michigan differs from the US model unverified
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Michigan?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Nebraska?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
US — New Jersey differs from the US model unverified
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — New Jersey?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Adult patient in a hospital (as defined by the Act) or receiving hospice care lacks decision-making capacity and has no health care agent Incapacitated
- Starts
- Attending practitioner's initial determination of incapacity (with concurring determination as required) and identification of the surrogate Incapacitated
- Ends
- Attending practitioner determines patient regained decision-making capacity Capable
Something missing or wrong for US — New York?
N.Y. Pub. Health Law §2994-B; N.Y. Pub. Health Law §2994-C; N.Y. Pub. Health Law §2994-D
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- By operation of the statutory order; no act by the patient is required Capable
- Starts
- Patient is comatose or otherwise lacks capacity to make or communicate health care decisions Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — North Carolina?
N.C. Gen. Stat. §90-21.13; UHCDA §18(a) (2023); UHCDA §12 (2023); UHCDA §14 (2023)
US — Ohio differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Two physicians find a terminal condition or a permanently unconscious state lasting at least twelve months, the patient cannot make informed decisions, and there is no effective declaration or health-care power of attorney Incapacitated
- Ends
- A priority class divides equally, which blocks the decision rather than passing it down Incapacitated
Something missing or wrong for US — Ohio?
UHCDA §12 (2023); UHCDA §5 (1993); Ohio Rev. Code §2133.08; Ohio Rev. Code §2133.08
US — Oklahoma differs from the US model unverified
Default health-care surrogate
Not yet a role in Oklahoma. No ranked default surrogate is in force; the Uniform Health Care Decisions Act of 2026 creates one with effect from 1 July 2027.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Oklahoma?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Designated by signed writing or by personally informing the attending physician, or by operation of the statutory classes Capable
- Starts
- Attending physician determines the individual is incompetent, there is no health care power of attorney or agent reasonably available, and no guardian of the person for health care decisions has been appointed Incapacitated
- Ends
- An individual of higher priority who is willing to act assumes the authority, displacing the person already acting Incapacitated
Something missing or wrong for US — Pennsylvania?
20 Pa.C.S. §5461
US — Texas differs from the US model
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Adult patient in hospital, nursing home, home health agency or county/municipal jail is comatose, incapacitated or unable to communicate, with no guardian or medical POA agent reasonably available Incapacitated
- Starts
- Attending physician documents incapacity and proposed treatment and makes diligent effort to contact surrogates Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Texas?
Tex. Health & Safety Code §313.004; Tex. Health & Safety Code §313.003; UHCDA §18(a) (2023); UHCDA §12 (2023); UHCDA §14 (2023)
US — Utah differs from the US model
Default health-care surrogate
The person who may make health care decisions where no agent or authorised guardian is available, taken in statutory order of priority. Utah's list runs to ten classes, includes a supported decision-making supporter of the previous six months, and may be evidenced by a declaration under penalty of perjury on a state form.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Utah?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — Virginia?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- By operation of the statutory priority list; no act by the patient is required Capable
- Starts
- Patient found to lack capacity to make the particular health care decision, and the provider makes reasonable efforts to locate a competent person in each higher class before descending Incapacitated
- Ends
- A person of higher priority refuses authorization, or two or more available members of the same class are not unanimous Incapacitated
Something missing or wrong for US — Washington?
Wash. Rev. Code §7.70.065; Wash. Rev. Code §7.70.065
Default health-care surrogate
A person who can make health-care decisions for an individual who lacks capacity and has no available agent or guardian. The law picks this person from a priority list, or the individual can name them without signing a power of attorney.
- Assigned
- Individual identifies a surrogate other than in a POA (2023 §12(b)(1); 1993: by personally informing supervising provider), or by operation of the priority list Capable
- Starts
- Individual found to lack capacity and no agent/authorized guardian appointed or reasonably available; highest-priority reasonably available, non-disqualified person assumes authority Incapacitated
- Ends
- Capacity regained, or agent/guardian becomes available Capable
- Disqualification or bypass by responsible health-care professional Incapacitated
- Death of individual (not expressly addressed) Deceased
Something missing or wrong for US — West Virginia?
UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)