You are here: Home Planning Ahead Advance Health ... Surrogate Consent ... Information For Living With Cancer »
Information about all aspects of finances affected by a serious health condition. Includes income sources such as work, investments, and private and government disability programs, and expenses such as medical bills, and how to deal with financial problems.
Information about all aspects of health care from choosing a doctor and treatment, staying safe in a hospital, to end of life care. Includes how to obtain, choose and maximize health insurance policies.
Answers to your practical questions such as how to travel safely despite your health condition, how to avoid getting infected by a pet, and what to say or not say to an insurance company.

Surrogate Consent Laws

1/1

In those states with Surrogate Consent Laws, the law determines the identity of the person who is authorized to make medical decisions for you, without regard to your wishes.

Generally, the first person given the power to act on your behalf is your spouse, if you have one. An unmarried partner is generally not considered to be a spouse.

If there is no spouse, a parent is next. If no parent survives, a brother or sister are next.

Surrogate Consent Laws only consider the person's legal relationship to you. They are not concerned with whether you are close to the person emotionally or whether the person has have a clear picture of your own wishes.

Unless there is clear evidence of your desires, it is not likely that the person who can act will have authority to terminate treatment if you become terminally ill. Clear evidence is provided by means of documents known as "Advance Directives" (Living Will, Healthcare Power of Attorney, DNR Order).

States with surrogate consent laws include the following:

Arizona
Arkansas
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maine
Maryland
Mississippi
Montana
Nevada
New Mexico
New York *
North Carolina
North Dakota
Ohio
Oregon
South Carolina
South Dakota
Texas
Utah
Virginia
Washington
West Virginia
Wyoming

*New York's Surrogate Consent Law only applies to Do Not Resuscitate orders.