It is up to you to decide if you want to make a health care directive. You have the right to make one, but you do not have to make one.
If you cannot make decisions for yourself and do not have a directive, another person can still make treatments decisions for you. Even if you have a directive, someone else may have to make decisions if the directive does not deal with the situation and you did not name a proxy. That person will be your nearest family member. Your nearest relative is determined in the following order:
These include relatives by adoption. Except in cases of adoption, the decision of a relative of whole blood is preferred over the decision of a relative of half blood. If there is more than one person in the same category, for example several brothers or sisters, the decision of the eldest will be preferred. The decision of a custodial parent will be preferred over the decision of a non-custodial parent.
If a relative is making a health care decision for you, they must act according to your wishes, if known. If they have no knowledge of your wishes, they must act according to what they believe are your best interests.
If a family member cannot be contacted, then your doctor or other health care provider will make decisions for you. They must consult with another health care provider who must agree in writing that the proposed treatment is needed.
Doctors can provide treatment without having a second doctor agree in writing in emergency situations.
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