Any person who is acting as a surrogate (either named or, in default, granted a priority) “shall base those decisions on the wishes of the patient and, if the wishes of the patient are unknown or unclear, on the patient’s best interest.” As outlined in Section 14.2 above, “best interests” is a defined term.
A determination as to what is in the “best interests” of the patient is only made if the patient’s own wishes are unknown or unclear. Those wishes, however, do not need to be in written form. In determining the wishes of the patient, the surrogate is to consider the following:
- The current diagnosis and prognosis,
- Any expressed preferences regarding treatment options,
- Relevant religious and moral beliefs and personal values,
- Behavior, attitudes, and “past conduct with respect to the treatment at issue and medical treatment generally,”
- “Reactions to the provision of, or the withholding or withdrawal of, a similar treatment for another individual,” and
- “Expressed concerns about the effect on the family or intimate friends of the patient if the treatment were provided, withheld, or withdrawn.”
Section 5-605 specifically states that a decision shall not be based on either a patient’s pre-existing, long-term medical or physical disability, or a patient’s economic disadvantage.
The statute prohibits the surrogate from authorizing either sterilization or treatment for mental disorder.
