36-3203. Surrogate; authority;
responsibilities; immunity
A. A person authorized as a surrogate to make health care decisions under this
chapter is not responsible for paying the patient's health care costs unless the person
is otherwise required to do so.
B. This chapter does not authorize a surrogate to consent to any act or omission to
which the patient could not lawfully consent.
C. The surrogate shall make health care decisions for the patient in accordance
with the patient's wishes as expressed in the health care directive. If the health care
directive does not provide sufficient information to know what the patient would want in
a particular circumstance, the surrogate shall base these decisions on the surrogate's
knowledge of the patient's values if those are known or can be determined to the
surrogate's satisfaction. If neither the health care directive nor the surrogate's
knowledge of the patient's values provides a sufficient basis for making a health care
decision, the surrogate shall decide based on the surrogate's good faith belief as to
what is in the patient's best interest.
D. A surrogate who makes good faith health care decisions for a patient is not
subject to civil or criminal liability for those decisions. Acts and refusals to act made
in reliance on the provisions of a health care directive are presumed to be made in good
faith. A court shall base a finding of an absence of good faith on information known to
the surrogate and shall enter its finding only after it has made a determination of bad
faith in written findings of fact based on clear and convincing evidence of improper
motive. For the purposes of this subsection, "good faith" includes all health care
decisions, acts and refusals to act based on a surrogate's reasonable belief of a
patient's desires or a patient's best interest if these decisions, acts or refusals to
act are not contrary to the patient's express written directions in a valid health care
directive.
E. A surrogate who is not the patient's agent or guardian shall not consent to or
approve the permanent withdrawal of the artificial administration of food or fluid.
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