Bill > S1093

This bill reforms health care proxy law by establishing a clear hierarchy for making medical decisions when an adult has not previously designated a health care agent through a proxy. The bill specifies that if no health care agent is appointed, decisions can be made by specific family members in this order of priority: spouse, adult child, parent, adult sibling, or an adult relative who has demonstrated special care, maintained regular contact, and is familiar with the person's activities and health. Any health care decision must be based on informed consent and what the healthcare agent reasonably believes the patient would have chosen. If the patient's preferences are unknown, the agent can make decisions in the patient's best interest. The bill also includes important disqualifying criteria for potential health care agents, such as individuals currently under investigation for criminal offenses involving serious bodily injury to the principal, those investigated for neglect, or those convicted of assault, battery, or neglect that resulted in serious bodily injury to the principal. Importantly, the bill explicitly preserves an individual's right to decline signing a health care proxy for any reason. This legislation aims to provide a structured, compassionate approach to medical decision-making when an individual is unable to make their own healthcare choices.

Justice

https://malegislature.gov/Bills/194/S1093