Medical Decision-making Authority

Medical Decision-Making Authority

Medical decision-making authority refers to the legal right and responsibility to make health care decisions for oneself or on behalf of another person. This authority can be exercised by individuals themselves, or it can be delegated to others through legal mechanisms such as advance directives or court-appointed guardianships.

Types of Decision-Makers

1. Individuals with Capacity: Adults have the right to make their own medical decisions unless a court determines they lack the capacity to do so. Capacity is generally defined as the ability to understand and appreciate the nature and consequences of health care decisions.

2. Health Care Agents: These are individuals appointed by a person in an advance directive to make health care decisions on their behalf if they become incapacitated. Health care agents are expected to act in accordance with the person's wishes or best interests.

3. Medical Guardians: Appointed by a court, medical guardians have the legal authority to make health care decisions for someone who lacks the capacity to do so themselves.

4. Default Surrogate Decision-Makers: If no advance directive or court-appointed guardian exists, health care professionals often rely on next of kin or close friends to make decisions, following a priority order that varies by state.

Responsibilities of Decision-Makers

• Act in Accordance with the Person's Wishes: If known, decision-makers should make choices that align with the person's preferences.
• Act in the Person's Best Interest: If the person's wishes are unknown, decisions should be made based on what is believed to be in their best interest.
• Communicate with the Medical Team: Decision-makers should seek necessary information to understand the person's medical condition and treatment options.
• Support the Person's Participation: Encourage the person to participate in decision-making as much as their capacity allows.