(a) (1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.(2) (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.
(2) (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.
(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:(1) The action is authorized by a living will or other written advance directive; or(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and(B) The principal is highly unlikely to regain capacity to make medical decisions.
(1) The action is authorized by a living will or other written advance directive; or
(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and(B) The principal is highly unlikely to regain capacity to make medical decisions.
(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and
(B) The principal is highly unlikely to regain capacity to make medical decisions.
(c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.
(d) (1) A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and to the extent required to make an application, may obtain records regarding the principal's income, assets, and banking and financial records on an account of which the principal is:(A) The owner or co-owner; or(B) A beneficiary, including without limitation a trust, guardianship, or conservatorship.(2) The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications.(3) The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal.(4) (A) The authority under subdivision (d)(1) of this section shall only be exercised by the surrogate upon presentation of written designation signed by the principal or supervising healthcare provider as provided in § 20-6-105(c) that is either notarized or signed by two (2) non-familial witnesses.(B) The written designation shall:(i) Identify the principal;(ii) Identify the designated surrogate;(iii) State the date of the designation of the surrogate by the principal or by the supervising healthcare provider; and(iv) If appointed by a supervising healthcare provider:(a) Attest that the principal has been determined by a licensed physician to lack capacity and an agent or guardian has not been appointed or the agent or guardian is not reasonably available; and(b) State that the written document is executed in conformance with this section for the purpose of allowing the surrogate to apply for public benefits on behalf of the principal.(5) The authority under subdivision (d)(1) of this section to access records regarding the principal's income and assets, including bank account and financial records, does not confer the authority to control, direct, or otherwise access the principal's income, assets, or accounts upon the surrogate.(6) (A) A person or entity to whom a written designation is presented as described in subdivision (d)(4) of this section may rely on the written designation if the written designation appears on its face to comply with this section.(B) If the written designation does not appear on its face to comply with this section or if the recipient has reasonable cause to suspect the written designation does not comply with this section, the recipient may decline to provide the requested record.(C) A person or entity that provides information or records, or both, to a surrogate under this section is not liable to the principal, surrogate, or other person or entity for providing the information or records, or both.(7) (A) If bank account or financial records are sought for an account co-owned by the principal and another person or entity or an account of which the principal is a beneficiary, the bank or financial institution shall give written notice to the joint account holder or the signatory on the entity account of the request and allow them an opportunity to object in writing to the request within ten (10) business days.(B) If the bank or financial institution does not receive a written objection within ten (10) business days of the date on the notice described in subdivision (d)(7)(A) of this section, the bank or financial institution may allow the surrogate to obtain the records if the request is otherwise in accordance with the requirements of this subchapter.(C) If the bank or financial institution receives a written objection within ten (10) business days of the date of the notice described in subdivision (d)(7)(A) of this section, the bank or financial institution shall notify the surrogate of the objection and decline the request for records.(8) Except as provided in subdivision (d)(7) of this section, the surrogate may receive only records which the principal would be entitled upon request to receive when making a request for records.(9) (A) The records, materials, data, and information made available by a financial services provider are confidential and shall not be disclosed to any person other than as necessary to apply for public benefits on behalf of the principal.(B) The surrogate shall securely destroy all copies of the information upon termination of the authority under subdivision (d)(3) of this section.(C) Upon request, all information and records obtained by a surrogate under subdivision (d)(1) of this section shall be promptly and securely transferred to a properly appointed successor surrogate, power of attorney, or guardian or to a principal who no longer lacks decisional capacity.
(1) A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and to the extent required to make an application, may obtain records regarding the principal's income, assets, and banking and financial records on an account of which the principal is:(A) The owner or co-owner; or(B) A beneficiary, including without limitation a trust, guardianship, or conservatorship.
(A) The owner or co-owner; or
(B) A beneficiary, including without limitation a trust, guardianship, or conservatorship.
(2) The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications.
(3) The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal.
(4) (A) The authority under subdivision (d)(1) of this section shall only be exercised by the surrogate upon presentation of written designation signed by the principal or supervising healthcare provider as provided in § 20-6-105(c) that is either notarized or signed by two (2) non-familial witnesses.(B) The written designation shall:(i) Identify the principal;(ii) Identify the designated surrogate;(iii) State the date of the designation of the surrogate by the principal or by the supervising healthcare provider; and(iv) If appointed by a supervising healthcare provider:(a) Attest that the principal has been determined by a licensed physician to lack capacity and an agent or guardian has not been appointed or the agent or guardian is not reasonably available; and(b) State that the written document is executed in conformance with this section for the purpose of allowing the surrogate to apply for public benefits on behalf of the principal.
(A) The authority under subdivision (d)(1) of this section shall only be exercised by the surrogate upon presentation of written designation signed by the principal or supervising healthcare provider as provided in § 20-6-105(c) that is either notarized or signed by two (2) non-familial witnesses.
(B) The written designation shall:(i) Identify the principal;(ii) Identify the designated surrogate;(iii) State the date of the designation of the surrogate by the principal or by the supervising healthcare provider; and(iv) If appointed by a supervising healthcare provider:(a) Attest that the principal has been determined by a licensed physician to lack capacity and an agent or guardian has not been appointed or the agent or guardian is not reasonably available; and(b) State that the written document is executed in conformance with this section for the purpose of allowing the surrogate to apply for public benefits on behalf of the principal.
(i) Identify the principal;
(ii) Identify the designated surrogate;
(iii) State the date of the designation of the surrogate by the principal or by the supervising healthcare provider; and
(iv) If appointed by a supervising healthcare provider:(a) Attest that the principal has been determined by a licensed physician to lack capacity and an agent or guardian has not been appointed or the agent or guardian is not reasonably available; and(b) State that the written document is executed in conformance with this section for the purpose of allowing the surrogate to apply for public benefits on behalf of the principal.
(a) Attest that the principal has been determined by a licensed physician to lack capacity and an agent or guardian has not been appointed or the agent or guardian is not reasonably available; and
(b) State that the written document is executed in conformance with this section for the purpose of allowing the surrogate to apply for public benefits on behalf of the principal.
(5) The authority under subdivision (d)(1) of this section to access records regarding the principal's income and assets, including bank account and financial records, does not confer the authority to control, direct, or otherwise access the principal's income, assets, or accounts upon the surrogate.
(6) (A) A person or entity to whom a written designation is presented as described in subdivision (d)(4) of this section may rely on the written designation if the written designation appears on its face to comply with this section.(B) If the written designation does not appear on its face to comply with this section or if the recipient has reasonable cause to suspect the written designation does not comply with this section, the recipient may decline to provide the requested record.(C) A person or entity that provides information or records, or both, to a surrogate under this section is not liable to the principal, surrogate, or other person or entity for providing the information or records, or both.
(A) A person or entity to whom a written designation is presented as described in subdivision (d)(4) of this section may rely on the written designation if the written designation appears on its face to comply with this section.
(B) If the written designation does not appear on its face to comply with this section or if the recipient has reasonable cause to suspect the written designation does not comply with this section, the recipient may decline to provide the requested record.
(C) A person or entity that provides information or records, or both, to a surrogate under this section is not liable to the principal, surrogate, or other person or entity for providing the information or records, or both.
(7) (A) If bank account or financial records are sought for an account co-owned by the principal and another person or entity or an account of which the principal is a beneficiary, the bank or financial institution shall give written notice to the joint account holder or the signatory on the entity account of the request and allow them an opportunity to object in writing to the request within ten (10) business days.(B) If the bank or financial institution does not receive a written objection within ten (10) business days of the date on the notice described in subdivision (d)(7)(A) of this section, the bank or financial institution may allow the surrogate to obtain the records if the request is otherwise in accordance with the requirements of this subchapter.(C) If the bank or financial institution receives a written objection within ten (10) business days of the date of the notice described in subdivision (d)(7)(A) of this section, the bank or financial institution shall notify the surrogate of the objection and decline the request for records.
(A) If bank account or financial records are sought for an account co-owned by the principal and another person or entity or an account of which the principal is a beneficiary, the bank or financial institution shall give written notice to the joint account holder or the signatory on the entity account of the request and allow them an opportunity to object in writing to the request within ten (10) business days.
(B) If the bank or financial institution does not receive a written objection within ten (10) business days of the date on the notice described in subdivision (d)(7)(A) of this section, the bank or financial institution may allow the surrogate to obtain the records if the request is otherwise in accordance with the requirements of this subchapter.
(C) If the bank or financial institution receives a written objection within ten (10) business days of the date of the notice described in subdivision (d)(7)(A) of this section, the bank or financial institution shall notify the surrogate of the objection and decline the request for records.
(8) Except as provided in subdivision (d)(7) of this section, the surrogate may receive only records which the principal would be entitled upon request to receive when making a request for records.
(9) (A) The records, materials, data, and information made available by a financial services provider are confidential and shall not be disclosed to any person other than as necessary to apply for public benefits on behalf of the principal.(B) The surrogate shall securely destroy all copies of the information upon termination of the authority under subdivision (d)(3) of this section.(C) Upon request, all information and records obtained by a surrogate under subdivision (d)(1) of this section shall be promptly and securely transferred to a properly appointed successor surrogate, power of attorney, or guardian or to a principal who no longer lacks decisional capacity.
(A) The records, materials, data, and information made available by a financial services provider are confidential and shall not be disclosed to any person other than as necessary to apply for public benefits on behalf of the principal.
(B) The surrogate shall securely destroy all copies of the information upon termination of the authority under subdivision (d)(3) of this section.
(C) Upon request, all information and records obtained by a surrogate under subdivision (d)(1) of this section shall be promptly and securely transferred to a properly appointed successor surrogate, power of attorney, or guardian or to a principal who no longer lacks decisional capacity.
(e) A surrogate shall meet all federal requirements to act as an authorized representative, including confidentiality provisions.