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Posted on June 3, 2020 at 3:30 AM

A brand new multi-society statement provides guidance on how to make decisions for incapacitated patients without surrogates. This statement builds off a series of articles in which I assess the law (or lack of it) on this problem.

Last week, mountain zone firm Holland & Hart blogged about “Medical Decision-Making for Incapacitated Adult Patients Under Utah Law.” Sadly, the authors observe: “If an Incapacitated Patient does not have any family or friends available to act as their Surrogate Decision-Maker, Utah law is silent on who would then become the most appropriate decision-maker.” Utah is not alone. This is the situation in most states.

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