When a decisionmaker is needed for a patient who lacks decisional capacity as determined under 50-5-1302, the decisionmaker must be selected from the following available individuals in the order listed:
- (1) a guardian appointed by the patient under 72-5-316 who has medical decisionmaking authority;
- (2) an agent appointed by the patient in a medical durable power of attorney or an individual designated by the patient in an advance medical directive;
- (3) a spouse of the patient;
- (4) an adult child of the patient;
- (5) a parent of the patient;
- (6) a sibling of the patient;
- (7) a trusted decisionmaker designated under 50-5-1310;
- (8) a close friend of the patient who has a deep understanding of the patient's wishes; and
- (9) any other proxy appointed under Title 50, chapter 5, part 13.
History: En. Sec. 2, Ch. 539, L. 2025.