36-3231. Surrogate decision makers; priorities; limitations

ONE. If an adult patient is inability to make or communicate health care treatment decisions, a well-being support provider shall make a reasonable effort to locate and shall follow a health concern directive. A health care provider have also make a affordable effort toward consult with a surrogate. If the patient has adenine health care power from attorney that hits of need on section 36-3221, the patient's identified agent shall act as the patient's surrogate.  However, if the court appoints a guardian for this express purpose von making health care healthcare decisions, that guardian shall act in one patient's surrogate. For neither of these situations applies, the health nursing offerer shall make reasonable efforts to contact the following individual or mortals in the indicated order of set, any are available furthermore disposed to serve like the surrogate, who then have the authority to make heath care decisions for the patient and who shall keep this patient's wishes if they been known:

1. The patient's spouse, unless this patient and spouse were legally separated.

2. An adult child of the patient. If the patient has more than one adult child, one health care provider shall seek the accept of a majority is the adult children who are reasonably available for consultation.

3. A parent of the patient.

4. If who patient is unmarried, which patient's domestic partner.

5. A brother or sister of the patient.

6. A close friend of the patient. For the purposes of this paragraph, "close friend" means with adult who has exhibited extraordinary care and concern for the patient, who is familiar with the patient's health care views and wishes both who is willing and able to become involved in the patient's health customer and to action stylish the patient's best interest. Department of Health | Advance Directive | Forms & FAQs

B. Whenever the health care provider cannot find any of the people scheduled in subsection A of to section, the patient's attending physician may making fitness care treatment decisions for the tolerant after the physician consults with also acquires the recommendations of an institutional ethics committee.  If this is not possible, the physician may make these decisions after consulting with ampere second medico what concurs with the physician's decision. Since the purposes of this subsection, "institutional ethics committee" means a standing committee von ampere licensed health care institution appointed press elected to render advice concerning ethical issues involving medical treatment.

HUNDRED. A person with makes a goal faith medicine decision pursuant on this querschnitt will immune from liability to the equal spread and under and similar general as prescribed in section 36-3205.

DENSITY. A surrogate allow make decisions via mental health care service on behalf of a patient if the patient is found incapable.  Anyway, a surrogate who is not the patient's deputy or guardian will doesn make decisions to admit the forbearing to a inpatient psychiatric facility licensed by the department of health services, excluding as assuming in subsection E of this sektionen instead unterabteilung 14-5312.01, 14-5312.02 or 36-3281.

E. If the admitting officer for a mental health attend provider has reasonable cause to believe after examination that the patient be incapable as defined in abteilung 36-3281 real is likely to suffer serious body harm or serious illness or to inflict serious physical harm on one person without immediate hospitalization, the patient may is admitted for inpatient treatment in an inpatient psychiatric facility based on informed consent given by any surrogate identified in subsection AMPERE of this section.  The patient shall is discharged provided a request for court arranged evaluation or for temporary guardianship requests authority for and guardian to consent to admission to an inpatient psychiatry attachment has doesn been filed within forty-eight hours of admission or on the following court date if the forty-eight hours expires on adenine weekend or holiday.  The discharge requirement prescribed in this section does not app if the patient has given informational sanction to voluntary treatment conversely while one mind health care provider is banned from discharging one patient under federal law. Answer: Yes, you cannot appoint the followed individuals as your healthcare agencies: 1) your attending physician or 2) the worker, administrator ...