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Hospitalized adults, including as many as 90% of intensive care unit patients, often cannot make their own medical decisions. However, many lack written advance directives that might guide their care. Thus, “default surrogates,” usually patients' partners or relatives, are called into critical decision-maker roles.
Researchers compared the details of laws governing surrogate medical decision making in the 50 U.S. states and the District of Columbia. They found marked variability among all aspects of these laws, including the following:
The minimum age for surrogates can be either 18 or 21, although some states also allow an emancipated minor to serve.
Some states require surrogates to demonstrate willingness to serve and the ability to make co…