quick ethics q

[Taus]

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can anyone tell me if I've got this right and/or fix whats wrong:

w/ an incapacitated pt:

power of attorney > living will/advance directive

power of attorney is NOT equal to "surrogate"..ie a surrogate could be a non-legally appointed person who just knows the patient very well and/or was designated by the person (but not-legally)

if thats correct then is: advance directive/living will > surrogate

I guess the issue I'm having is if there is a clear difference b/w power of attorney and surrogate.

thanks for your help

 

[Taus]

shameless bump...

 

[cdql]

Found this on a hospital's webpage. Not sure if it's really helpful but here it is:

Power of Attorney vs. Surrogate
If you appoint a Power of Attorney, or a HealthCare Proxy, they can override your Living Will. As stated earlier, a Power of Attorney can be given authority to make medical decisions and financial decisions. A HealthCare Proxy can only be given authority to make medical decisions, not financial decisions.

If there is no Living Will, or Power of Attorney, or HealthCare Proxy, then the law says the next of kin has to make the decisions. This person is called a Surrogate. The order of priority of persons as surrogate is:
(1) a judicially appointed guardian; then
(2) the spouse, unless legally separated or party to a divorce proceeding; then
(3) adult children, then
(4) parents, then
(5) adult siblings.

If there are no next of kin to be surrogate, or if the family members cannot reach an agreement, then they need to request that the Probate Court appoint a guardian. When that happens, the guardian is the ONLY person allowed to make medical decisions. The surrogate is protected by the law and cannot be sued if the surrogate was acting in good faith.

 

[Taus]

Found this on a hospital's webpage. Not sure if it's really helpful but here it is:

Power of Attorney vs. Surrogate
If you appoint a Power of Attorney, or a HealthCare Proxy, they can override your Living Will. As stated earlier, a Power of Attorney can be given authority to make medical decisions and financial decisions. A HealthCare Proxy can only be given authority to make medical decisions, not financial decisions.

If there is no Living Will, or Power of Attorney, or HealthCare Proxy, then the law says the next of kin has to make the decisions. This person is called a Surrogate. The order of priority of persons as surrogate is:
(1) a judicially appointed guardian; then
(2) the spouse, unless legally separated or party to a divorce proceeding; then
(3) adult children, then
(4) parents, then
(5) adult siblings.

If there are no next of kin to be surrogate, or if the family members cannot reach an agreement, then they need to request that the Probate Court appoint a guardian. When that happens, the guardian is the ONLY person allowed to make medical decisions. The surrogate is protected by the law and cannot be sued if the surrogate was acting in good faith.

thats perfect...thank you