Health Care Surrogates
Condell Hospice Legal Assistance Center

Under the Health Care Surrogates Act, an individual, called a "surrogate," may make medical treatment decisions for you if you do not have a power of attorney for health care or a living will and are unable to make your own health care decisions. A surrogate can make decisions about your routine medical treatment and, if two physicians say you have a terminal illness, permanent unconsciousness, or an irreversible condition that causes severe pain or imposes an inhumane burden on you, a surrogate can make medical treatment decisions for you about life-sustaining treatment.

A surrogate may not make decisions concerning electroconvulsive therapy, or psychotropic drugs, or admission to a mental health facility.

Who may act as a surrogate?

Your physician will identify one person as your surrogate, in the following order of priority:

Court-appointed guardian (most persons will not have a guardian)
Your spouse
Any of your adult children
Either of your parents
Any of your adult brothers or sisters
Any of your adult grandchildren
One of your close friends
Guardian of your estate

With a health care surrogate, why should I create a health care power of attorney?

A health care power of attorney allows you to name your agent and give him or her instructions now, while you are still able to communicate. A surrogate may not know your wishes.


Return to Hospice Legal Assistance Center