Health care providers; persons acting in good faith reliance on
direction or decision of attorney in fact
Sec. 10. A health care provider or other person who acts in good
faith reliance on a direction or decision of an attorney in fact that is
not clearly contrary to the terms of the power of attorney is protected
and released from liability to the same extent as the provider or other
person would be protected or released if the provider or other person
had dealt directly with the principal as a fully competent person. In
addition, the following rules shall be applied to protect and validate
the acts of the attorney in fact and provider or other person:
(1) A health care provider or other person is not subject to civil
or criminal liability or discipline for unprofessional conduct for
complying with a direction or decision by the attorney in fact,
even if death or injury to the principal results.
(2) If the actions of a health care provider who fails to comply
with a direction or decision of the attorney in fact are
substantially in accord with reasonable medical standards at the
time of reference and the provider promptly transfers the
principal to another health care provider, the provider is not
subject to civil or criminal liability or discipline for failure to
comply with the attorney in fact.
(3) If the principal's death results from withholding or
withdrawing health care in accordance with the terms of a
power of attorney, the death is not a suicide or homicide for any
purpose under a statute or rule of law and does not impair or
invalidate an insurance, annuity, or other type of contract that
is conditioned on the life or death of the principal, a term of the
contract notwithstanding.
As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006