CALA News & Views | Issue 49 | Top 5

04

There are rules governing what happens when surrogate decision makers disagree.

X In the event of a conflict, a conservator of the person or agent under an advance health care directive will prevail over other surrogates. X In the event of a conflict between a conservator and an agent under an advance health care directive, the person who received the designation most recently will prevail. X Unless the advance health care directive provides otherwise, the agent designated in that document who is known to the health care provider to be reasonably available and willing to make health care decisions has priority over any other person in making health care decisions for the principal. X Otherwise, the provider may follow instructions of informal surrogate decision maker who appears to be acting in the resident’s best interest.

05

There are certain actions that a provider can take if a surrogate decision maker is not acting in the resident’s best interest.

X Report the matter to the long-term care ombudsman or county adult protection agency. X Refuse to comply with the request by agent under power of attorney for health care if the principal objects to the decision. X Consider removal of conservator – conservatee, spouse or domestic partner of conservatee, relative or friend of conservatee or any interested person may petition the court to have the conservator removed. X Consider removal of agent under power of attorney – principal, principal’s spouse, relative, friend or any interested person may file the petition with the court to remove the agent for just cause.

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