California joined 45 states with next-of-kin laws that designate a surrogate to make decisions on the patient’s behalf even if that person was not authorized by the patient before the medical situation arose. Previously, hospitals did not have to abide by the wishes of next of kin regarding a patient’s treatment.
Legislators said the new law will empower advocates for the patient rather than hospitals, which can be influenced by cost, bed space and insurance pressures. In most cases, the people who brought the patient in for care can be designated as surrogates, but the list also includes spouses or domestic partners, siblings, adult children and grandchildren, parents, and an adult relative or close friend.
If a patient arrives at a hospital incapacitated or later becomes so, the new law requires that providers must make a good-faith effort to find a person authorized to make medical decisions. If a patient’s advance director is not filed with the secretary of state or power of attorney is not found, clinicians can turn to next of kin.
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