‘Expanding Surrogate Decisionmaking’

Alexander A Boni-Saenz, Personal Delegations, 78 Brooklyn Law Review 1231 (2013). There are certain decisions that most individuals would agree are deeply personal and should be made by the individual, not the state, or a third party. The decision to marry, divorce, relocate, execute a will, or donate one’s organs are among those decisions. But what if an individual has lost the cognitive capacity, due to accident or illness, to make these decisions? In the health care context, individuals increasingly delegate decisions about medical treatment to a representative. States encourage individuals to delegate these decisions by making durable power of attorney for health care forms readily available on their websites … (more)

[Solangel Maldonado, JOTWELL, 12 March]

First posted 2014-03-12 17:34:48

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