What is a limitation of a durable power of attorney or health care surrogate regarding medical decisions?

A durable power of attorney or health care surrogate is designed to enable an individual (the agent) to make medical decisions on behalf of another person (the principal) when that individual is unable to do so. However, this authority does have limitations, particularly regarding the principal's wishes. If the principal is unwilling or has expressed their desires concerning certain treatments or interventions, the agent cannot override those wishes. This ensures that the principal's autonomy and previously stated preferences are respected, even when the agent has the authority to make decisions on their behalf.

This limitation emphasizes the ethical principle of respecting the dignity and autonomy of individuals in healthcare situations, which is fundamental in both law and medical ethics. The agent's role is to honor the principal's preferences as much as possible rather than acting contrary to them.

In contrast, options that suggest the agent can make decisions regardless of the principal’s wishes, must seek court approval for all decisions, or are required to consult family members for each choice do not accurately reflect the typical legal framework and responsibilities of a durable power of attorney or health care surrogate.