Elder Law Section Presentation – Proposed Family Consent Law
Bold-faced type is the captioning of the power-point slides. Commentary immediately follows each section.
Health Care Representative
A health care representative is an adult given authority under this Act to consent to medical treatment for another adult who is unable to provide consent.
* If a statute authorizes a person to provide consent, then may that person also refuse consent? Specifically, to refuse a medical treatment that may or may not allow person to die? “The logical corollary of the doctrine of informed consent is that the patient generally possesses the right not to consent, that is, to refuse treatment.” Cruzan v. Director of Missouri Dept. Health, 497 U.S. 261, 270 (1990).