Individuals who may consent to health care for others

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  • (a) If an individual incapable of consenting under section 204 of this title has not appointed a health care representative under section 207 of this title or the health care representative appointed under section 207 of this title is not reasonably available or declines to act, consent to health care may be given:

    • (1) by a guardian of his person, a representative appointed under section 208 of this title, or a representative designated or appointed under any other law of this Territory; or

    • (2) by a spouse, parent, adult child, or adult sibling, unless disqualified under section 209 of this title, if there is no guardian or other representative described in paragraph (1) of this subsection or he is not reasonably available or declines to act, or his existence is unknown to the health care provider.

  • (b) Consent to health care for a minor not authorized to consent under section 203 of this title may be given:

    • (1) by a guardian of his person, a representative appointed under section 208, or a representative designated or appointed under any other law of this Territory;

    • (2) by a parent or an individual in loco parentis, if there is no guardian or other representative described in paragraph (1) of this subsection or he is not reasonably available or declines to act, or his existence is unknown to the health care provider; or

    • (3) by an adult sibling of the minor, if a parent or an individual in loco parentis is not reasonably available, declines to act, or his existence is unknown to the health care provider.

  • (c) An individual delegated authority to consent under section 206 of this title has the same authority and responsibility as the individual delegating the authority.

  • (d) An individual authorized to consent for another under this section shall act in good faith and in the best interest of the individual incapable of consenting.


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