What authority does a healthcare surrogate possess?

A healthcare surrogate is a person designated to make medical decisions on behalf of an individual who is unable to do so due to incapacity. The primary authority of a healthcare surrogate is to consent to or refuse treatment for the patient based on their known wishes, values, and best interests when such decisions need to be made. This responsibility is rooted in the ethical principle of autonomy, allowing surrogates to act in the best interest of the patient, particularly when discussing treatment options, medical procedures, or end-of-life care.

This authority is significant because it places crucial decision-making responsibilities in the hands of someone who is likely close to the patient and understands their preferences. Unlike authorizing surgery under any circumstances, which is not consistent with the healthcare surrogate's role, the surrogate's power is to make treatment-related decisions that reflect the patient's previous wishes.

Choosing a guardian for the patient or making decisions about the patient's estate is outside the scope of a healthcare surrogate's authority. These responsibilities typically lie with the court or designated legal representatives, ensuring a separation between medical decision-making and issues concerning estate or guardianship matters.