What happens if a patient lacks capacity to make their own health care decisions?
The general rule in most states if the patient can’t provide effective consent then consent from an authorized surrogate decision maker is required. Surrogate decision makers can be a guardian, the holder of durable power of attorney applicable to make health care decisions, a spouse, a parent, or another appropriate family member. The key here is to know your state law. This video reviews the need to proceed with caution as the surrogate usually lacks authority to trump prior expressed wishes of a competent patient.
Kim C. Stanger
Holland & Hart LLP
- Partner in the office of Holland & Hart LLP
- Practice emphasizes all aspects of health law, including regulatory compliance, risk management, health care transactions, and defense of individual and institutional providers in administrative and civil litigation
- Frequent speaker at local, regional and national conferences for health care providers, and the principal presenter of the firm’s monthly health law webinar series
- Frequent author on health law related topics, including national publications and the firm’s regular health law alerts
- Adjunct professor, Health Law, Boise State University
- Member of the American Health Lawyers Association and the American Bar Association Health Law Section
- Best Lawyers in America—Health Law since 2011; Lawyer of the Year—Health Law, 2014
- J.D. and B.A. degrees, Brigham Young University
- Can be contacted at 208-383-3913 or [email protected]
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