Surrogate decision-makers

On this page

Surrogate Decision-Makers - The Stand-In Voice

A patient lacks decision-making capacity when they cannot understand information, weigh risks/benefits, or communicate a choice. When capacity is lost, decisions fall to a surrogate.

  • Advance Directives: Instructions given before losing capacity.
    • Living Will: Specifies desired medical treatments.
    • Durable Power of Attorney for Healthcare (DPOA-HC): Designates a specific person (agent) to make decisions.

Substituted Judgment: The guiding principle for surrogates. They must make decisions that align with the patient's known values and previously stated preferences, not their own.

Hierarchy of Surrogates - The Pecking Order

When a patient lacks decision-making capacity and has not appointed a healthcare proxy (durable power of attorney for healthcare), clinicians must identify a surrogate. The legal hierarchy varies by state, but generally follows a standard pecking order.

  • 📌 Mnemonic: "Some Adults Prefer Siblings"
    • Spouse / Domestic Partner
    • Adult Children (majority consensus)
    • Parents
    • Siblings
    • Other close relatives or friends

Substituted Judgment: The primary standard for surrogate decisions. The surrogate must choose what the patient would have chosen for themselves, based on the patient's previously expressed values and wishes. If the patient's wishes are unknown, the "best interests" standard is used.

Decision-Making Standards - How to Decide

  • Substituted Judgment Standard

    • Principle: The surrogate makes the decision the patient would have made.
    • Application: Used when the patient's preferences are known or can be reasonably inferred (e.g., from a living will, advance directive, or prior statements).
    • This is the primary and preferred standard.
  • Best Interests Standard

    • Principle: The surrogate weighs the benefits and burdens of treatment options to promote the patient's well-being.
    • Application: Used when the patient's preferences are unknown and cannot be inferred.

⭐ Always apply the Substituted Judgment standard if there is any reliable evidence of the patient's wishes, even if it's not a formal advance directive. The "Best Interests" standard is a fallback.

Special Scenarios - The Curveballs

  • Medical Emergencies: Implied consent to save life or limb if a patient is incapacitated and no surrogate is immediately available.
  • Minors:
    • Exceptions to parental consent: Emancipated, married, or military service.
    • Mature minors may consent for specific care (e.g., STIs, contraception, substance abuse).
  • No Surrogate: Act in the patient's best interest, often with ethics committee consultation.
  • Conflict: Ethics committees mediate surrogate-team disputes or when decisions defy the patient's known wishes.

⭐ Physicians are not obligated to provide medically futile care, even if a surrogate insists.

High-Yield Points - ⚡ Biggest Takeaways

  • When a patient lacks decision-making capacity, a surrogate makes healthcare decisions.
  • The primary standard is substituted judgment: making the choice the patient would have wanted.
  • If the patient's wishes are unknown, the best interests standard is applied.
  • The typical hierarchy is: spouse, adult children, parents, and then adult siblings.
  • A designated healthcare proxy or DPAHC legally supersedes the standard family hierarchy.
  • In emergencies, implied consent justifies life-saving treatment without a surrogate.

Practice Questions: Surrogate decision-makers

Test your understanding with these related questions

A 5-year-old child is brought to the emergency department after being hit by a motor vehicle on the way to school. According to paramedics, the child's right leg was severely crushed in the accident. After evaluation, the physician recommends immediate limb-saving surgery to preserve the leg and prevent complications. However, the parents refuse to consent to the surgery. They explain that they heard about a similar case where a child died after limb-saving surgery, and they believe the procedure might lead to amputation or death. Despite the physician's explanation that the surgery is intended to save the limb, the parents remain adamant in their refusal. What is the next best step?

1 of 5

Flashcards: Surrogate decision-makers

1/6

SVC syndrome can be caused by _____ from indwelling central venous catheters

TAP TO REVEAL ANSWER

SVC syndrome can be caused by _____ from indwelling central venous catheters

thromboemboli

browseSpaceflip

Enjoying this lesson?

Get full access to all lessons, practice questions, and more.

Start Your Free Trial