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October 26, 2024

Who are Surrogate decision-makers ?

Surrogate decision-makers are individuals authorized to make medical, legal, or personal decisions on behalf of another person who cannot make these decisions independently due to illness, disability, or incapacitation. Surrogates often act in situations where a person is temporarily or permanently unable to communicate their preferences or fully comprehend the implications of certain choices, such as in cases of severe medical conditions, cognitive impairment, or unconsciousness.

Key Aspects of Surrogate Decision-Making:

  1. Types of Surrogates:
    • Legal Guardian: Appointed by a court for individuals who are legally incapacitated.
    • Healthcare Proxy: Designated by an individual through advance directives to make medical decisions.
    • Power of Attorney (POA): Grants authority to someone to make financial, legal, or medical decisions.
  2. Standards for Decision-Making:
    • Substituted Judgment: Makes decisions based on what the person would have wanted, using known preferences, values, and beliefs.
    • Best Interest Standard: Used when the person’s wishes are unknown; it involves decisions based on the person’s well-being, safety, and overall health.
  3. Legal and Ethical Considerations:
    • Surrogates are bound by laws that protect the interests of the incapacitated person.
    • In cases of disagreement among family members or unclear wishes, courts or ethics committees may intervene to guide decisions.
  4. Challenges:
    • Ethical Dilemmas: Balancing personal beliefs with the individual’s known or likely preferences.
    • Communication: Ensuring transparency and clarity among healthcare providers, family, and the surrogate.
    • Conflicts: Resolving differing opinions among family members or within a healthcare team.
  5. Importance in Healthcare:
    • Essential in ensuring that incapacitated individuals receive treatment aligned with their values and needs.
    • Helps alleviate the burden on healthcare providers by clarifying who can legally make decisions.

Surrogates play a crucial role in safeguarding the rights and dignity of individuals unable to advocate for themselves, particularly in healthcare settings.


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