Health care representative: appointment; qualification; powers; revocation and responsibility

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  • (a) An individual who may consent to health care under section 203 of this title may appoint another as a health care representative to act for the appointor in matters affecting his health care.

  • (b) A health care representative appointed under this section must be an individual who may consent to health care under section 203.

  • (c) An appointment and any amendment thereto must be in writing, signed by the appointor and a witness other than the health care representative and accepted in writing by the health care representative.

  • (d) The appointor may specify in the writing, terms and conditions considered appropriate, including an authorization by the health care representative to delegate the authority to consent to another.

  • (e) The authority granted becomes effective according to the terms of the writing.

  • (f) The writing may provide that the authority does not commence until, or terminates when, the appointor becomes incapable of consenting. Unless expressly provided otherwise, the authority granted in the writing is not affected if the appointor becomes incapable of consenting.

  • (g) Unless the writing provides otherwise, a health care representative appointed under this section, who is reasonably available and willing to act, has priority to act for the appointor in all matters of health care.

  • (h) In making all decisions regarding the appointor's health care, a health care representative appointed under this section shall act: (1) in the best interest of the appointor consistent with the purposes expressed in the appointment; and (2) in good faith.

  • (i) A health care representative who resigns or is unwilling to comply with the written appointment may exercise no further power under the appointment and shall so inform: (1) the appointor; (2) the appointor's legal representative, if one is known; and (3) the health care provider, if the health care representative knows there is one.

  • (j) An individual who is capable of consenting to health care may revoke:

    • (1) the appointment at any time by notifying the health care representative orally or in writing; or

    • (2) the authority granted to the health care representative by notifying the health care provider orally or in writing.


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