Substitute Decision-Maker Terminology Under State Law
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1 Terminology Under State Law State Any Designated Uniform Health- Care Decisions Act 1(2) 1(17) Alabama Ala. Code Health Care Proxy 22-8A-3(9) 22-8A-3(17) Alaska Alaska Stat. Alternate Attorney in Fact Arizona Ariz. Rev. Stat. Ann (13) (1) (13) Arkansas Ark Code Ann or Health Care Proxy (under living will act, (4)) California Cal. Prob. Code Conservator Colorado Colo. Rev. Stat. Decisionmaker Proxy Decision-maker Connecticut Conn. Gen. Stat. 19a-570(5) Next of kin 19a-570(9) Delaware Del. Code Ann., tit (f) 2501(b) 2501(u) District of Columbia D.C. Code Ann (1) d Consent Florida Fla. Stat. Ann (3) (21) Proxy (19) Georgia Ga. Code Health Care (6) Page 1 ABA Commission on Law and Aging As of July 2016
2 Any Designated Hawaii Hawaii Rev. Stat. Idaho Idaho Code Illinois Ill. Rev. Stat. Health Care Ch /4-4(e-5) Decisionmaker Ch. 755, para. 40/25 Indiana Ind. Code Ann Iowa Iowa Code Ann. 144B.1 Kansas Kan Stat. Ann Kentucky Ky. Rev. Stat. Ann (16) Responsible Parties Louisiana La. Rev. Stat. Ann. Art & : Maine Me. Rev. Stat. Ann (d) Tit. 18, 5-801(b) Tit. 18, 5-801(q) Maryland Md Health-Gen. Code Ann 5-601(c) Massachusetts Mass Gen Laws ch. 201D (appointed under a Health Care Proxy) Michigan Mich. Comp. Laws Ann. Patient Advocate Page 2 ABA Commission on Law and Aging As of July 2016
3 Any Designated Minnesota 1998 Minn. Sess. Law Serv. Ch. 399 (S.F. 2050), eff. 8/1/98 145C.01(2) Or Proxy 145B.06 Mississippi 1998 Miss. Laws Ch. 542 (H.B. 545), eff. 7/1/ (c) (5) Missouri Mo. Ann. Stat (1) & Montana Mont. Code Ann & Nebraska Neb. Rev. Stat (3) Nevada Nev. Rev. Stat. 162A.030 Decisionmaker New Hampshire N.H. Rev. Stat. Ann. 137-J:2(III) New Jersey N.J. Stat. Ann. (appointed under a Proxy Directive) 26:2H-55 New Mexico N.M. Stat. Ann. 24-7A-1(E) 24-7A-1(B) 24-7A-1(V) New York N.Y. Public Health Law Health Care (appointed under a Health Care Proxy) 2980(5) (for DNR orders only) 2961(22) & 2965 North Carolina N.C. Gen Stat. Health Care 32A-16(2) North Dakota N.D. Cent. Code (1) Page 3 ABA Commission on Law and Aging As of July 2016
4 Any Designated Ohio Ohio Rev. Code Ann (A)(1) Appropriate individual (B) Oklahoma Okla. Stat. Ann. Health Care Proxy (6) Tit. 63, 3102A Oregon Or. Rev. Stat. Health Care (12) (6) Pennsylvania Pa. Stat. Ann. Health Care Health Care 20 Pa. C.S.A Rhode Island R.I. Gen Laws Health Care South Carolina S.C. Code Ann. Health Care (1) to -80 South Dakota S.D. Codified Laws Ann. Person available to consent 34-12C-1(17) C-1 to -8 Tennessee Tenn. Code Ann Texas Tex Civ. Prac. & Rem. Code Tex. Health & Safety Code (2) Utah Utah Code Ann. Proxy (2)(b) & (2)(b) Vermont Vt. Stat. Ann. 3501(2) () Virginia Va. Code Washington Wash Rev. Code Ann (1) Page 4 ABA Commission on Law and Aging As of July 2016
5 Any Designated West Virginia W. Va. Code (4) & 16-30A B-3(5) Wisconsin Wisc. Stat. Ann. Health Care (4) Wyoming Wyo. Stat (ii) Family members (XX) *States that use the term agent or attorney in fact often use them interchangeably. However, the Table lists only the most important predominant term in the text. Page 5 ABA Commission on Law and Aging As of July 2016
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