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A surrogate decision-maker must use the doctrine of substituted judgment in consenting to or refusing health care on behalf of an incompetent individual. All surrogates, whether appointed by the person, by default, or by the court, have an obligation to follow the expressed wishes of the adult person and to act in the person's best interests ...
An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity.
Healthcare proxies are one of three ways that surrogate decision makers are enacted, the other two being court orders and laws for the automatic succession of decision makers. [4] In contrast to a living will , healthcare proxies do not set out possible outcomes with predetermined reactions, rather they appoint someone to carry out the wishes ...
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To designate a health care surrogate, people must use an advance directive. [24] Once a surrogate is established and if the individual does not have the mental capacity to make decisions, the surrogate has the authority to make decisions on the POLST Form; the amount of authority for the surrogate, however, varies per state. [24]
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