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Session Laws, 1993
Volume 772, Page 3310   View pdf image
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S.B. 664

VETOES

(DATE)                                                              (SIGNATURE OF DECLARANT)

THE DECLARANT SIGNED OR ACKNOWLEDGED SIGNING THE FOREGOING
ADVANCE DIRECTIVE IN MY PRESENCE AND BASED UPON MY PERSONAL
OBSERVATION THE DECLARANT APPEARS TO BE A COMPETENT INDIVIDUAL.

(WITNESS OR NOTARY SIGNATURE)

(WITNESS)                                                                                     (WITNESS)

SIGNATURE OF TWO WITNESSES

5-604. REVOCATION OF AN ADVANCE DIRECTIVE.

AN ADVANCE DIRECTIVE MAY BE REVOKED AT ANY TIME BY THE A
COMPETENT- DECLARANT BY A SIGNED AND DATED WRITING, BY PHYSICAL
CANCELLATION OR DESTRUCTION, BY AN ORAL STATEMENT TO A HEALTH CARE
PRACTITIONER OR BY THE EXECUTION OF A SUBSEQUENT DIRECTIVE. IT SHALL BE
THE RESPONSIBILITY OF THE DECLARANT. TO THE EXTENT REASONABLY POSSIBLE.
TO NOTIFY ANY PERSON TO WHOM THE DECLARANT HAS PROVIDED A COPY OF THE
DIRECTIVE.

5-605. PROCEDURE IN ABSENCE OF AN ADVANCE DIRECTIVE APPOINTMENT OF
HEALTH CARE AGENT; NO PRESUMPTION; PERSONS WHO MAY AUTHORIZE
TREATMENT; APPLICABILITY
SURROGATE DECISION MAKING.

(A) SURROGATE AUTHORIZATION. (1) IN THIS SUBSECTION.
"UNAVAILABLE" MEANS:

(I) AFTER REASONABLE INQUIRY, A HEALTH CARE PROVIDER IS
UNAWARE OF THE EXISTENCE OF A SURROGATE DECISION MAKER:

(II) AFTER REASONABLE INQUIRY. A HEALTH CARE PROVIDER
CANNOT ASCERTAIN THE WHEREABOUTS OF A SURROGATE DECISION MAKER;

(III) A SURROGATE DECISION MAKER HAS NOT RESPONDED IN A
TIMELY MANNER, TAKING INTO ACCOUNT THE HEALTH CARE NEEDS OF THE
INDIVIDUAL, TO A WRITTEN OR ORAL MESSAGE FROM A HEALTH CARE PROVIDER;

(IV)    A SURROGATE DECISION MAKER IS INCAPACITATED; OR

(V)     A SURROGATE DECISION MAKER IS UNWILLING TO MAKE
DECISIONS CONCERNING HEALTH CARE FOR THE INDIVIDUAL.

(2) THE FOLLOWING INDIVIDUALS OR GROUPS, IN THE SPECIFIED
ORDER OF PRIORITY, MAY MAKE DECISIONS ABOUT HEALTH CARE FOR A PERSON
WHO HAS BEEN CERTIFIED TO BE INCAPABLE OF MAKING AN INFORMED DECISION
AND WHO HAS NOT APPOINTED A HEALTH CARE AGENT IN ACCORDANCE WITH THIS
SUBTITLE. INDIVIDUALS IN A PARTICULAR CLASS MAY BE CONSULTED TO MAKE A
DECISION ONLY IF NO INDIVIDUAL ALL INDIVIDUALS IN THE NEXT HIGHER CLASS IS
AVAILABLE ARE UNAVAILABLE:

- 3310 -

 

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Session Laws, 1993
Volume 772, Page 3310   View pdf image
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