US Lawyer Database

§ 9711. Authority and obligations of agent

§ 9711. Authority and obligations of agent (a) When the requirements of subsection 9706(a) of this title are met, and subject to the provisions of this chapter, other applicable law, and any express instructions regarding the agent’s authority set forth in an advance directive or a court order, an agent shall have the authority to […]

§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal’s remains

§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal’s remains (a) An individual appointed to arrange for the disposition of the principal’s remains shall make those decisions based upon the principal’s specific instructions contained in an advance directive or pre-need contract […]

§ 9708. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding DNR orders and COLST

§ 9708. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding DNR orders and COLST (a) As used in this section, “clinician” shall have the same meaning as in section 9701 of this title and shall also include a duly licensed medical doctor, osteopathic physician, advanced practice registered nurse […]

§ 9709. Obligations of health care providers, health care facilities, residential care facilities, and health insurers regarding protocols and nondiscrimination

§ 9709. Obligations of health care providers, health care facilities, residential care facilities, and health insurers regarding protocols and nondiscrimination (a) As used in this section, “DNR/COLST” shall mean do-not-resuscitate orders (DNR) and clinician orders for life sustaining treatment (COLST) as defined in section 9701 of this title. (b) Every health care provider, health care […]

§ 9710. Consent for hospice care

§ 9710. Consent for hospice care (a) A family member of a patient or a person with a known close relationship to the patient may elect hospice care on behalf of the patient if the patient does not have an agent or guardian or the patient’s agent or guardian, or both, if applicable, are unavailable. […]

§ 9703. Form and execution

§ 9703. Form and execution (a) An adult with capacity may execute an advance directive at any time. (b) The advance directive shall be dated, executed by the principal or by another individual in the principal’s presence at the principal’s express direction if the principal is physically unable to do so, and signed in the […]

§ 9704. Amendment, suspension, and revocation

§ 9704. Amendment, suspension, and revocation (a)(1) A principal with capacity may amend, suspend, or revoke an advance directive or any specific instruction in an advance directive by executing a new advance directive or instruction pursuant to section 9703 of this title. (2) A provision in a subsequently executed advance directive amends an earlier provision […]

§ 9705. Duty to deliver

§ 9705. Duty to deliver An individual possessing a duly executed advance directive to whom it becomes known that the terms of the advance directive may be applicable shall deliver the advance directive to the principal’s clinician, other health care provider, health care facility, or residential care facility, unless the individual knows that another copy […]

§ 9706. When advance directive becomes effective

§ 9706. When advance directive becomes effective (a) An advance directive regarding health care shall become effective: (1) when a principal’s clinician: (A) determines, after speaking with an interested individual if one is reasonably available, that the principal lacks capacity, and makes specific findings regarding the cause, nature, and projected duration of the principal’s lack […]

§ 9707. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding health care instructions

§ 9707. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding health care instructions (a) A health care provider, health care facility, and residential care facility shall not provide health care to a patient without capacity, except on an emergency basis, without first attempting to determine whether the patient […]