Can family members make health care decisions if there is no agent appointed through a health care power of attorney or a court-appointed guardian?
In Arizona, the law provides for decision-making in these circumstances by family members or other persons, but their authority to direct the withdrawal of tube feeding is restricted. Without a directive, someone you might not want to make health care decisions for you could get that authority. Without a directive (or if your directive is vague), values and wishes other than your own are more likely to prevail when treatment decisions must be made for you. Arizona and many other states include a list of “surrogates” one of who MUST be consulted if there is no guardian or health care agent. The Arizona list in order of selection is: “1. The patient’s spouse, unless the patient and spouse are legally separated. 2. An adult child of the patient. If the patient has more than one adult child, the health care provider shall seek the consent of a majority of the adult children who are reasonably available for consultation. 3. A parent of the patient. 4. If the patient is unmarried, the patien
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