Estate Planning - Health Care Surrogate Act

If you do not sign a Power of Attorney for Health Care or Living Will, the Health Care Surrogate Act may allow certain persons to stop or not start your life sustaining treatment without court involvement. This person is called a Surrogate. Under the surrogate decision making process, your physician will identify a Surrogate in the order listed below:

1. A court appointed guardian of your person

2. Your spouse

3. Any of your adult children

4. Either one of your parents

5. Any of your adult brothers or sisters

6. Any of your adult grandchildren

7. One of your close friends

8. A court appointed guardian of your property

However, before the surrogate decision-making process can be used, all of the following requirements must be satisfied:

1. Two physicians agree that you have at least one of the following (1) a terminal condition, (2) incurable or irreversible condition, or (3) permanent unconsciousness.

2. Two physicians agree that you are unable to make health care decisions.

The Surrogate is required to make life sustaining treatment decisions in accordance with your wishes. If your wishes are not known, then the Surrogate may make decisions based upon what is in your best interests by taking into account your values, beliefs, and religious views.