Who has the right to make healthcare decisions on my behalf if I am unable?

If you are unable to make decisions regarding your care, those decisions must be made by a substitute decision maker. If you have executed a healthcare power of attorney, it will become operative when a copy is provided to your attending physician and the attending physician determines that you are incompetent. In such case, the health care agent you have designated in your health care power of attorney will make decisions regarding your care.

If you do not have a health care agent, or if your health care agent is not reasonably available or has indicated an unwillingness to act, a health care representative may make decisions regarding your care. A health care agent may be any of the following, in order of priority: your spouse, adult child, parent, adult brother or sister, adult grandchild, or other adult who has knowledge about your preferences and values, including religious and moral beliefs, and would be able to assess how you would make health care decisions.

If more than one person has the authority to act as a health care representative, such as two adult children, disagreements may arise. In such case, a provider may rely on the decision of a majority of the health care representatives. If the group is evenly divided on the decision, no decision will be made until the disagreement is resolved, though such disagreement does not preclude the administration of health care treatment in accordance with accepted medical standards.