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.
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