Who may act on behalf of a patient who lacks capacity?

Who may act on behalf of a patient who lacks capacity?

• A. The patient’s physician alone
• B. A legally authorized representative or surrogate
• C. The hospital nurse in charge
• D. The patient’s employer

Answer: (B)

When someone cannot make medical decisions for themselves, the person who may act on their behalf is a legally authorized representative or surrogate. This is required because capacity to understand and decide about care is missing, so someone with legal authority must step in to ensure treatment aligns with the patient’s preferences and best interests. A surrogate is typically designated by the patient through a durable power of attorney for health care or a health care proxy, and can also be a court-appointed guardian if no designation exists. The surrogate’s role is to know and follow the patient’s wishes or, if those wishes aren’t known, to make decisions based on the patient’s best interests. The physician must obtain consent from a legally authorized representative when the patient lacks capacity; the hospital nurse does not have the authority to make or bind decisions about treatment, and an employer has no say over a patient’s medical decisions. In emergencies, there may be an implied consent for urgent care while locating a surrogate, but the general principle remains that a legally authorized surrogate holds the authority to represent the patient when capacity is absent.

When someone cannot make medical decisions for themselves, the person who may act on their behalf is a legally authorized representative or surrogate. This is required because capacity to understand and decide about care is missing, so someone with legal authority must step in to ensure treatment aligns with the patient’s preferences and best interests.

A surrogate is typically designated by the patient through a durable power of attorney for health care or a health care proxy, and can also be a court-appointed guardian if no designation exists. The surrogate’s role is to know and follow the patient’s wishes or, if those wishes aren’t known, to make decisions based on the patient’s best interests.

The physician must obtain consent from a legally authorized representative when the patient lacks capacity; the hospital nurse does not have the authority to make or bind decisions about treatment, and an employer has no say over a patient’s medical decisions.

In emergencies, there may be an implied consent for urgent care while locating a surrogate, but the general principle remains that a legally authorized surrogate holds the authority to represent the patient when capacity is absent.