Digital Estate Roles · Roles

Default surrogate

The decision maker the law supplies from a statutory hierarchy when nobody has been appointed.

44 jurisdictions · 12 countries · role id default-surrogate

Africa

South Africa

Statutory consent order (spouse, partner, parent, grandparent, adult child, sibling)

Where the user cannot consent and nobody has been mandated or authorised, the Act names who consents, in a fixed order: spouse or partner, then a parent, grandparent, adult child, brother or sister.

Assigned
No person mandated in writing or authorised by law or court order, and the user cannot give informed consent Incapacitated
Starts
Consent is given by the spouse or partner, or failing them a parent, grandparent, adult child, brother or sister, in the specific order listed Incapacitated
Ends
Death of the user Deceased

National Health Act 61 of 2003, s 7(1)(b); National Health Act 61 of 2003, s 7; Administration of Estates Act 66 of 1965, s 14

Asia

China

Statutory guardian of an adult (法定监护人) — Statutory guardian of an adult

Where an adult is without, or has only limited, capacity for civil conduct and has made no advance appointment, the Civil Code supplies the guardian by statutory order: spouse; parents and children; other close relatives; then others willing to serve, with the consent of the residents’ or villagers’ committee or the civil affairs department. China has no separate health-care agent — it is this guardian who consents to psychiatric admission and to specified treatment.

Assigned
The Code names the guardians in order — spouse, then parents and children, then other close relatives, then others willing to serve with official consent; those qualified may instead settle the guardian by agreement Incapacitated
Starts
Guardianship duties begin: representing the ward in juristic acts and protecting their personal and property rights, on the principle most favourable to the ward Incapacitated
Ends
The ward acquires or recovers full capacity, the guardian loses the ability to act as guardian, or either dies Capable
The People’s Court revokes the guardian’s qualification Incapacitated

中华人民共和国民法典第二十八条; 中华人民共和国民法典第三十条; 中华人民共和国民法典第三十四条; 中华人民共和国民法典第三十五条; 中华人民共和国民法典第三十九条; 中华人民共和国民法典第三十六条

Europe

Denmark

Nærmeste pårørende — Nearest relatives

Where a patient permanently lacks the ability to give informed consent, the nearest relatives may consent to treatment; if a guardianship covers personal matters, the guardian consents instead.

Assigned
By status as nearest relative, or by a guardianship covering personal matters Incapacitated
Starts
When the patient permanently lacks the ability to consent Incapacitated
Ends
Death of the patient Deceased

Sundhedsloven, LBK nr. 896 af 5. oktober 2026 (bekendtgørelse af sundhedsloven, oprindeligt lov nr. 546 af 24. juni 2005) § 18; Arveloven, LBK nr. 1347 af 15. juni 2021 (bekendtgørelse af arveloven, oprindeligt lov nr. 515 af 6. juni 2007) § 1

Finland

Laillinen edustaja, lähiomainen tai muu läheinen — Legal representative, close relative or other person closely connected with the patient

Where a patient cannot decide, the legal representative, a close relative or another person close to them is heard; if they refuse treatment the patient is to be treated by another acceptable means so far as possible.

Assigned
By status as legal representative, close relative or other close person Incapacitated
Starts
When the patient cannot decide on their own treatment Incapacitated
Ends
Patient regains capacity, or dies Deceased

Laki potilaan asemasta ja oikeuksista 785/1992 6 §

Germany — federal law

Vertretender Ehegatte (Ehegattennotvertretung) — Representing spouse (spousal emergency representation)

Since 2023 a spouse may decide health-care matters for an unconscious or ill spouse without any appointment — but only once, and for at most six months.

Assigned
By operation of law; no appointment. Doctor certifies the conditions in writing Incapacitated
Starts
Spouse cannot legally handle health-care matters through unconsciousness or illness Incapacitated
Ends
Six months from the time the doctor certified, or the conditions cease Incapacitated
A Betreuer is appointed whose remit covers these matters Incapacitated
Spouses live apart, or the patient had refused or appointed an agent Incapacitated

BGB § 1358

Netherlands

Vertegenwoordiger van rechtswege (WGBO) — Representative by operation of law

Where nobody has been appointed, art. 7:465(3) supplies the representative itself, and lets each candidate decline: the spouse or life companion first, then a parent, child, sibling, grandparent or grandchild.

Assigned
Status arises by relationship; no appointment or document is needed Capable
Starts
Patient judged incapable, with no curator, mentor or written authorisee available or willing to act Incapacitated
Ends
A higher-ranking representative acts, the person declines, or capacity returns Incapacitated
Death of the patient Deceased

Burgerlijk Wetboek Boek 7, art. 7:465; Burgerlijk Wetboek Boek 4, art. 4:182

UK — England & Wales

No statutory surrogate: decision-maker acting under MCA s 5 in best interests

England and Wales has no next-of-kin hierarchy for decisions. If nobody holds an LPA or deputyship, whoever is doing the act (usually the treating clinician or the carer most directly involved) decides in P's best interests. They are protected from liability under s 5 and must consult family, carers and others interested in P's welfare. Family members consulted in this way do not consent for P.

Assigned
No appointment: the role falls to whoever does the act, e.g. the doctor proposing the treatment or the carer providing day-to-day care Incapacitated
Starts
When D takes reasonable steps to establish, and reasonably believes, that P lacks capacity for the matter and that the act is in P's best interests Incapacitated
Ends
P has capacity for the decision Capable
A registered attorney or deputy with authority over the matter makes the decision, or a valid and applicable advance decision applies Incapacitated
P dies Deceased

Mental Capacity Act 2005 s 5; Mental Capacity Act Code of Practice (2007), paras 5.8, 6.21; Mental Capacity Act 2005 s 4(7); Mental Capacity Act 2005 s 1

North America

Canada — British Columbia

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

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

Canada — Ontario

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

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

Canada — Québec

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

Civil Code of Québec, art 15; Civil Code of Québec, CQLR c CCQ-1991, arts 11-12; Civil Code of Québec, arts 44-45

US — uniform/model law + federal

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

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

UHCDA §12 (2023); UHCDA §5 (1993); A.R.S. § 36-3231

US — California 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
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

Cal. Prob. Code §4712; Cal. Prob. Code §4658

US — Colorado 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
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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Delaware differs from the US model

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

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

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

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)

US — Illinois 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
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

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

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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Kentucky 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
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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Louisiana 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 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

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

UHCDA §12 (2023); UHCDA §5 (1993); Me. Rev. Stat. tit. 18-C, §5-806; UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Maryland 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
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

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

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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Nebraska 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
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

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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — New York 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 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

N.Y. Pub. Health Law §2994-B; N.Y. Pub. Health Law §2994-C; N.Y. Pub. Health Law §2994-D

US — North Carolina 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
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

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

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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Pennsylvania 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
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

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

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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Virginia 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
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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

US — Washington 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
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

Wash. Rev. Code §7.70.065; Wash. Rev. Code §7.70.065

US — West Virginia 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
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

UHCDA §12 (2023); UHCDA §5 (1993); UHCDA §18(a) (2023); UHCDA §14 (2023)

Oceania

Australia — New South Wales

Person responsible (medical and dental consent)

The statutory substitute who consents to medical or dental treatment for a patient aged 16 or over who cannot consent. In order: a guardian (including an enduring guardian) with medical consent authority; a spouse or de facto partner in a close and continuing relationship; an unpaid carer; a close friend or relative.

Assigned
By operation of law under the s 33A hierarchy; no instrument Incapacitated
Starts
When a patient aged 16+ is incapable of understanding the general nature and effect of proposed treatment or of indicating consent Incapacitated
Ends
Patient regains capacity to consent to the treatment Capable
Person declines in writing or is certified incapable of acting; the next person in the hierarchy becomes person responsible Incapacitated
Death of the patient (Part 5 applies only to living patients needing treatment) Deceased

Guardianship Act 1987 (NSW) s 33A; Guardianship Act 1987 (NSW) ss 33(2), 34 (Part 5)

Australia — Queensland

Statutory health attorney

If there is no applicable advance health directive, guardian or enduring attorney for a health matter, the statutory health attorney decides. This is the first readily available and culturally appropriate adult in this order: a spouse in a close and continuing relationship, then an unpaid carer, then a close friend or relation. If no one qualifies, the Public Guardian decides. The power exists only while the adult has impaired capacity for the matter.

Assigned
By operation of law (no appointment) Incapacitated
Starts
When the adult has impaired capacity for a health matter and no higher-priority decision maker applies Incapacitated
Ends
Adult regains capacity Capable
Higher-priority decision maker applies (advance health directive, guardian, enduring attorney) Incapacitated
Death of the adult (no express provision; power concerns health care of a living adult) Deceased

Powers of Attorney Act 1998 (Qld) s 62; Powers of Attorney Act 1998 (Qld) s 63; Guardianship and Administration Act 2000 (Qld) s 66

Australia — Victoria

Medical treatment decision maker (statutory hierarchy)

If no appointed decision maker is available, a VCAT guardian with medical treatment power comes next. If there is none, the decision maker is the first of these who is in a close and continuing relationship with the person and is reasonably available, willing and able: spouse or domestic partner, then primary carer, then the oldest adult child, parent or adult sibling. This person acts only while the person lacks capacity.

Assigned
By operation of law when a treatment decision is needed (no document) Incapacitated
Starts
When the person lacks decision-making capacity for the treatment decision and no higher-ranked decision maker is reasonably available, willing and able Incapacitated
Ends
Person regains capacity Capable
Higher-ranked decision maker becomes available (appointed MTDM or VCAT guardian) Incapacitated
Death of the person Deceased

Medical Treatment Planning and Decisions Act 2016 (Vic) s 55; Medical Treatment Planning and Decisions Act 2016 (Vic) s 58(1)

Other

Austria

Gesetzlicher Erwachsenenvertreter

The third rung: representation by a close relative arising by operation of law, but still only on registration — and expiring after three years unless entered again.

Assigned
By operation of law from the circle of close relatives, where the adult has made no provision and cannot choose Incapacitated
Starts
On entry in the ÖZVV — §245(2) makes registration constitutive for this rung too Incapacitated
Ends
Entry of the represented person's or the representative's objection, or the lapse of three years unless re-entered Incapacitated

ABGB § 240; ABGB § 245 Abs 2; ABGB § 246

Switzerland — federal law

Vertretungsberechtigter Ehegatte oder eingetragener Partner

A spouse or registered partner who lives in the same household as the person who loses capacity, or regularly and personally supports them, has a statutory right of representation — but only where there is neither a Vorsorgeauftrag nor a corresponding Beistandschaft. It covers what maintenance ordinarily requires, ordinary administration of income and assets, and where necessary opening the post.

Assigned
No assignment: the right arises from the statute itself, conditioned on a shared household or regular personal support Capable
Starts
The spouse's own loss of capacity of judgement, and only if no Vorsorgeauftrag and no corresponding Beistandschaft exists Incapacitated
Ends
Recovery of capacity of judgement Capable
A Vorsorgeauftrag taking effect, or the authority establishing a Beistandschaft, which displaces the statutory right Incapacitated
Death of the represented person Deceased

ZGB Art. 374; ZGB Art. 390; ZGB Art. 560

Switzerland — federal law

Bei medizinischen Massnahmen vertretungsberechtigte Person

Where a person incapable of judgement has left no patient directive, the statute ranks seven classes of person who may consent to or refuse medical measures, in order: the person named in a directive or mandate, a Beistand with a representation right in medical matters, a cohabiting spouse or registered partner, a cohabiting partner, descendants, parents, then siblings.

Assigned
No assignment: the order is statutory. For every class below the appointed ones it is conditioned on actually providing regular and personal support, not on relationship alone Capable
Starts
Loss of capacity of judgement, at which point the attending physician plans treatment together with the person entitled to represent Incapacitated
Ends
Recovery of capacity of judgement Capable
Death of the patient Deceased

ZGB Art. 378; ZGB Art. 377; ZGB Art. 560

The interactive viewer carries the lifecycle diagram, the state machine and the full source list, including the quoted text of each provision. Not legal advice. This is a research aid summarising primary legal sources as retrieved on the dates shown; always read the cited current text and consult a lawyer licensed in the jurisdiction.