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.
* Please take note that the representative is authorized to provide consent. However, note the following concerning the doctrine of informed consent: “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). Therefore, a Health Care Representative’s authority needs to be specifically defined in this statute; otherwise, a similar logic will apply to the use of the our term “consent.”