(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.
(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principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if the designated physician and a second independent physician certify in the principal's current clinical records that:
(1) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and
(2) The principal is highly unlikely to regain capacity to make medical decisions.
(c) A healthcare decision made by a surrogate for a principal is effective without judicial approval.
Section: Previous 20-6-102 20-6-103 20-6-104 20-6-105 20-6-106 20-6-107 20-6-108 20-6-109 20-6-110 20-6-111 20-6-112 20-6-113 20-6-114 20-6-115 NextLast modified: November 15, 2016