New York's Family Health Care Decisions Act establishes a hierarchy of “surrogate” decision-
makers for incapacitated patients, with court-appointed guardians sitting atop the list …

While recognizing the fallibility of surrogate decision making for incapacitated persons,
states are striving to create processes that will achieve if not perfect, at least principled …

Popular media depictions show death occurring quickly with little or no pain or suffering.
Unfortunately, this fictional depiction is not typical of most individuals' end-of-life …

There are certain decisions that most individuals would agree are deeply personal and
should be made by the individual, not the state, or a third party. The decision to marry …

For many years, the Illinois Living Will Act, the Illinois Power of Attorney Act, Article XI (a) of
the Probate Act of 1975, and the Health Care Surrogate Act have allowed surrogate health …

The problem of finding appropriate decisionmakers for incapacitated patients continues to
beleaguer caregivers. In New York state, a specially appointed task force has recently …

Mr. Bishop then reviews a cross-section of current state surrogate statutes and evaluates the
legislatures' effectiveness in addressing each of the interests at stake. He focuses on the …

If a person is mentally unable to make medical care decisions, a substitute decision-maker
must do so. As society becomes proportionately older, more people in that situation are …

B. Emergency Exception and Implied Consent C. Advance Directives and POLST D. Agents
and Durable Powers of Attorney for Healthcare E. Default Surrogates and Proxies F …

Present demographic patterns of disability in our aging society herald a rising need for
surrogates to make personal and financial decisions for those who have lost the capacity to …