Bill > S853

This bill aims to improve medical decision-making for individuals who lack the capacity to make decisions for themselves, particularly when they do not have a valid health care proxy, which is a legal document designating someone to make healthcare decisions on their behalf. It establishes a clear hierarchy of surrogate decision-makers, starting with a court-appointed guardian, followed by a spouse, adult children, parents, siblings, grandchildren, a "close friend" (defined as someone over 18 who has shown special care and concern and can provide an affidavit detailing their familiarity with the patient's beliefs and activities), and finally, the patient's guardian of the estate. The bill emphasizes that surrogate decisions should align as closely as possible with what the patient would have wanted, considering their personal, religious, and moral beliefs, and if the patient's wishes are unknown, decisions should be based on their best interests. It also clarifies that healthcare providers can rely on these surrogates after making a reasonable inquiry to ensure no higher-priority surrogate is available, and provides protections against liability for both providers and surrogates acting in good faith and in accordance with the law, while still holding them accountable for negligence.