Bill > S1047

This bill aims to improve medical decision-making for incapacitated individuals by establishing a comprehensive framework for selecting surrogate decision-makers when a person cannot make their own healthcare choices. The legislation defines key terms such as "incapacitated person" (someone unable to understand medical treatment risks and benefits) and establishes a priority order for selecting a surrogate, starting with the spouse, then adult children, parents, adult siblings, and finally other qualified adults who demonstrate care and concern for the individual. The bill requires surrogates to make decisions that align as closely as possible with the person's known wishes, considering their philosophical, religious, and moral beliefs. If the person's wishes are unknown, the surrogate must make decisions based on the individual's best interests, weighing the burdens and benefits of medical treatments. The legislation provides protections for healthcare providers who rely on surrogate decisions made in good faith and establishes criteria for selecting and replacing surrogates, including prohibitions on certain individuals serving in this role (such as treating healthcare providers). The bill also allows for court proceedings to resolve disputes about surrogate decisions and ensures that the process can be initiated when no health care proxy or medical order for life-sustaining treatment is in place, ultimately seeking to ensure timely and compassionate medical decision-making for those who cannot speak for themselves.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1047