Ask Mary | November 2024
If an adult patient lacks the capacity to make a health care decision, but does not have a legally recognized health care decisionmaker what can a health care provider do?
California passed AB 2338 in the 2021-2022 legislative session. This law allows a health care provider or a designee of the facility caring for the patient may choose a surrogate to make health care decisions on the patient's behalf, as appropriate in the given situation. Requires that the patient's surrogate be an adult who has demonstrated special care and concern for the patient, is familiar with the patient's personal values and beliefs to the extent known, and is reasonably available and willing to serve. A surrogate may be chosen from any of the following persons:
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The spouse or domestic partner of the patient
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An adult child of the patient.
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A parent of the patient
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An adult sibling of the patient. e) An adult grandchild of the patient
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An adult relative or close personal friend