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In the event of medical incapacitation, usually a family member will be called upon to make any important decisions in the absence of a power of attorney. In this situation, difficulties can arise if there is more than one family member and they differ on the course of medical action.
If the patient has a health care proxy, the health care agent named in the proxy makes decisions. If a patient does not have a health care proxy, a legal guardian (or the person highest in priority from the surrogate list, known as the surrogate) makes decisions.
Advance Medical Directives are legal documents that permit you to make future health care decisions and to appoint another person to make health care decisions for you if you are unable to do so (i.e. if you are incapacitated, in a coma, etc.).
For patients who are incapacitated and have no advance directive in place to state their preferences for medical decisions, there are two options a court-appointed guardian or a surrogate decision-maker.
The general term for such person is surrogate decision maker. If there is no health care power of attorney document in place and no court-appointed guardian with authority to make health care decisions, most states provide for a default surrogate decision maker in their state laws.
Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.
(1) The person's agent pursuant to an advance health care directive. (2) The conservator or guardian of the person having the authority to make health care decisions for the person. (3) The spouse of the person.
Always remember: an advance directive is only used if you are in danger of dying and need certain emergency or special measures to keep you alive, but you are not able to make those decisions on your own. An advance directive allows you to make your wishes about medical treatment known.
Advance directives generally fall into three categories: living will, power of attorney and health care proxy.