Health Care Decisions Act - Surrogate Decision Making - Mental Disorders

Summary

The legislation amends the Health Care Decisions Act to clarify who may make health‑care choices for a person certified as incapable of informed decision‑making, establishing a hierarchy of relatives and friends and requiring an affidavit for non‑family surrogates. It also mandates that surrogates base decisions on the patient’s known wishes or best interests, while expressly prohibiting a surrogate from authorizing sterilization or any treatment for a mental disorder. The changes become law on October 1, 2026.

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