WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

20A-417. STANDARDS FOR DECISION MAKING BY HEALTH CARE AGENT.

(A) A HEALTH CARE AGENT SHALL MAKE A HEALTH CARE DECISION THAT
CARRIES OUT THE SPECIFIC INTENT OF THE PRINCIPAL, AS EXPRESSED IN:

(1) ANY FORM OF COMMUNICATION TO THE HEALTH CARE AGENT OR
HEALTH CARE PROVIDER, IF THE PRINCIPAL IS COMPETENT; OR

(2) AN ADVANCE MEDICAL DIRECTIVE, IF THE PRINCIPAL IS
INCAPACITATED.

(B) A HEALTH CARE AGENT WHO CANNOT MAKE A HEALTH CARE DECISION
UNDER SUBSECTION (A) OF THIS SECTION SHALL MAKE A HEALTH CARE DECISION
THAT REFLECTS A MEDICALLY INFORMED SUBSTITUTED JUDGMENT.

(C) (1) A HEALTH CARE AGENT WHO CANNOT MAKE A HEALTH CARE
DECISION UNDER SUBSECTION (A) OR (B) OF THIS SECTION SHALL MAKE A HEALTH
CARE DECISION THAT IS IN THE BEST INTEREST OF THE PRINCIPAL.

(2) THE HEALTH CARE AGENT MAY NOT CONSIDER A PREEXISTING
PHYSICAL OR MENTAL DISABILITY OF THE PRINCIPAL THAT HAS NO EFFECT ON THE
MEDICAL CONDITION THAT WOULD BE THE SUBJECT OF TREATMENT.

(D) A HEALTH CARE PROVIDER SHALL CERTIFY THE DECISION OF A HEALTH
CARE AGENT UNDER THIS SECTION.

20A-418. LIMITATION OF POWER OF HEALTH CARE AGENT; COMPETENT PRINCIPAL.

(A) A HEALTH CARE AGENT MAY NOT INSTRUCT THAT A LIFE SUSTAINING
PROCEDURE BE WITHHELD OR WITHDRAWN FROM A COMPETENT PRINCIPAL
UNLESS THE PRINCIPAL:

(1) IS IN A TERMINAL CONDITION; AND

(2) HAS SATISFIED THE ATTENDING PHYSICIAN THAT THE PRINCIPAL
WISHES THE HEALTH CARE AGENT TO MAKE DECISIONS REGARDING
LIFE SUSTAINING PROCEDURES.

(B) A HEALTH CARE AGENT MAY NOT INSTRUCT THAT A LIFE-SUSTAINING
PROCEDURE BE WITHHELD OR WITHDRAWN FROM A PRINCIPAL WHO:

(1) HAS CONVEYED THE WISHES OF THE PRINCIPAL TO AN ATTENDING
PHYSICIAN UNDER SUBSECTION (A) OF THIS SECTION; AND

(2) SUBSEQUENTLY:

(I) REQUESTS THAT A LIFE SUSTAINING PROCEDURE BE
PROVIDED; OR

(II) OBJECTS TO THE WITHHOLDING OR WITHDRAWAL OF A
LIFE SUSTAINING PROCEDURE.

- 2029 -