3. Designated proxy or proxies (or surrogates)
A key question here is WHO DESIGNATES the proxy or proxies?
- the patient?
- Formally - e.g.,through a durable power of attorney
for health care
- Informally - by asking someone to make decisions
- the state?
- parents are presumed to be the decision makers for minor children
- some states have lists of kinship proximity that apply to decision-making
when the patient is incapacitated
- courts may appoint a guardian for a person who has been adjudged
Other Questions -
- What checks should there be on proxy decisions?
- Are there any limits to decisions proxies can make?
- On what basis should proxies make their decisions?