Sec. 1. 18-A MRSA §5-801, sub-§(q), as enacted by PL 1995, c. 378, Pt. A, §1, is amended to read:

(q) "Surrogate" means an individual with capacity, other than a patient's agent or guardian, authorized under this Part to make a decision to withhold or withdraw life-sustaining treatment for a patient who does not have capacity and who is either in a terminal condition or in a persistent vegetative state or to make any other health care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian exists.

Sec. 2. 18-A MRSA §5-805, sub-§(a), as enacted by PL 1995, c. 378, Pt. A, §1, is amended to read:

(a) A surrogate may make a decision to withhold or withdraw life-sustaining treatment for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity, no agent or guardian has been appointed or the agent or guardian is not reasonably available and the patient is in a terminal condition or a persistent vegetative state as determined by the primary physician. A surrogate is also authorized to make any health care decision, other than to withhold or withdraw life-sustaining treatment, for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian exists.

Sec. 3. 18-A MRSA §5-805, sub-§(b), ¶(4-A) is enacted to read:

(4-A)__An adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse;

SUMMARY

Current law provides that the only health care decision a surrogate is specifically authorized to make is whether to withhold or withdraw life-sustaining treatment for a patient who lacks capacity and is either in a terminal condition or a persistent vegetative state. The surrogate can act only if there is no agent or guardian for the patient or if the agent or guardian is not reasonably available.