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What if a health care agent refuses to give consent for a procedure that was clearly wanted by the patient, according to the patients health care directive?

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What if a health care agent refuses to give consent for a procedure that was clearly wanted by the patient, according to the patients health care directive?

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This situation is not uncommon, though it may exist only temporarily, such as when the agent is a loved one who has not yet come to terms with what must be done. Most health care facilities have a process for dealing with such situations, such as a social worker, an ethics committee, or a conflict resolution process. If the matter cannot be resolved, the agent has probably relinquished his or her right to be a health care agent. The requires that a health care agent make a health care decision in accordance with the patient’s wishes and religious or moral beliefs, as stated orally, or as contained in the health care directive. If the person designated as a health care agent refuses to do that, that person is not legally acting as an agent. The health care provider would have to turn to an alternate agent or the list of persons authorized by statute to give consent to health care procedures.

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