Bill > H1874

This bill establishes a comprehensive framework for medical decision-making when an individual lacks the capacity to make healthcare decisions for themselves. The legislation creates a structured process for identifying and appointing a surrogate decision-maker when no valid healthcare proxy or guardian exists. The bill defines key terms such as "incapacitated person" (someone unable to understand medical treatment consequences or express treatment preferences) 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 special care and concern for the person. The surrogate must make decisions that align as closely as possible with the individual's known wishes, considering their philosophical, religious, and moral beliefs. If the person's wishes are unknown, the surrogate must decide based on the individual's best interests, weighing the burdens and benefits of proposed medical treatments. The bill provides protections for healthcare providers and surrogates, ensuring they cannot be held liable for decisions made in good faith, and establishes a mechanism for challenging surrogate selections or decisions through a special legal proceeding. Importantly, the bill emphasizes the temporary nature of surrogacy (typically 90 days or during a specific treatment episode) and includes safeguards to prevent inappropriate surrogate selection, such as excluding individuals with protective orders or those with conflicts of interest.

Justice

https://malegislature.gov/Bills/194/H1874