Legal and planning
Healthcare surrogate
A healthcare surrogate is a person who makes medical decisions for someone who cannot decide for themselves. The person may be named in a document, or state law may name a default decision maker such as a spouse or adult child. Terms and rules vary by state.
Why it matters for your family
The ACL describes a healthcare surrogate or proxy under state law as a default decision maker, such as a spouse, parent, adult child or sibling. This applies when no document names someone. It can cause trouble. If several adult children disagree, state order rules may decide, and the person chosen may not be the one the parent would pick. A named health care proxy avoids this. A common mistake is to assume the oldest child or the closest relative holds the role automatically. Check your state's rule. Name a surrogate in writing while the person has capacity. This is general information, not legal advice.
Source: acl.gov
Read more: What is Elder Law and Do You Need an Elder Care Attorney?
Related terms
- Healthcare proxyA healthcare proxy is a person you name to make medical decisions for you if you cannot speak for yourself.
- Medical power of attorneyA medical power of attorney is a legal document that names someone to make health care decisions for you if you cannot.
- Advance directiveAn advance directive is a legal document that states your health care wishes in case you cannot decide for yourself.
- GuardianshipGuardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them.
- Living willA living will is a legal document that tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment.
- HIPAA authorizationA HIPAA authorization is a person's written permission for a health care provider or health plan to share their protected health information.
