SF2567

Purpose of the Bill

This bill seeks to establish a legal framework for appointing default surrogates to make health care decisions for individuals who are unrepresented and unable to make their own medical decisions. It creates a structured process for recognizing surrogates within Minnesota's health care system.

Main Provisions

• Default Surrogate Definition: The bill defines who can serve as a default surrogate for health decisions, including individuals or organizations other than legally designated health care agents if the patient is unrepresented.
• Surrogate Eligibility: Eligible surrogates can include family members, friends, appointed agents lacking the necessary powers, and professional caretakers like clergy or care managers.
• Health Care Agent Organizations: It allows the designation of organizations as health care agents, provided these organizations maintain individuals ready to act as agents.
• Unrepresented Individuals: Defines unrepresented individuals as adults who lack a proper health care directive, have revoked their agent, or have no agent available, among other criteria.
• Protections and Immunities: Grants immunity from prosecution or civil liability to health care agents and providers acting in good faith, as well as surrogates recognized under the proposed guidelines.
• Legal and Health Provider Procedure: Establishes procedures and requirements for a health care provider to follow when utilizing a surrogate to ensure decisions align with the unrepresented individual's values and choices.

Significant Changes to Existing Law

• Recognition of Surrogates: Introduces a new legal category of default surrogates for health care decisions, expanding decision-making options beyond traditional health care power of attorneys.
• Updating Definitions: Adds new terms and updates definitions within existing statutes to integrate the role of default surrogates.

Relevant Terms

• Default surrogate
• Health care agent
• Unrepresented individuals
• Kinship system
• Health care directive
• Good faith actions
• Decision-making capacity