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- Individual is presumed to have the capacity to make
a health care
decision, to give or revoke an advanced directive, and to designate
a surrogate decision maker
- A patient does not necessarily lack decisional capacity
because
they are refusing treatment
- A determination that an individual lacks decisional
capacity shall be made by two qualified health care professionals, one of whom shall be the primary physician. If the lack of capacity is determined
to exist because of mental illness or Developmental
Disability, one of the
qualified health care professionals shall be a person whose training
and expertise aid in the assessment of functional impairment
- The individual may challenge a determination that he/she
lacks capacity.
- A judge determines if an individual is incompetent
- If the patient is unable to communicate his/her wishes
and does not have a written
advanced directive/living will, the Act establishes a hierarchy of
decision makers
to communicate the wishes of the patient to the medical team:
- Spouse
- Significant Other
- Adult Children
- Parents
- Adult Siblings
- Grandparents
- Adult who exhibits care and concern for the patient,
and who knows the patient’s wishes
- The decision maker communicates what the patient would
have wanted based on previous conversations with the patient and based
on the patient’s values and wishes, and NOT on the decision maker’s
values or what the decision maker wants for the patient
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