Treatment Decisions for Incapacitated Adults – Question #2

Test your knowledge about treatment decisions. This is the second of a 4-question series. The same parameters apply to each of the questions.

Parameters:  Dealing with adult patients (vs. minors) who lack capacity to consent to medical treatment. In other than an emergency situation. California law (Constitution and statutes) applies.

Topic: Closest Available Relative Priority

True or False:

  1. __ True or __ False: The patient’s spouse (or domestic partner) has decision-making priority when compared to the patient’s oldest adult child.
  2. __ True or __ False: The patient’s eldest adult child has decision-making priority when compared to the patient’s other adult children.
  3. __ True or __ False:  There is no closest available relative priority system for health care decisions in California.

 Answers and discussion (below):

 

 

  • #1 is False. (see #3)
  • #2 is False (see #3).
  • #3 is True. California law provides no priority or hierarchy among family members in medical treatment situations.

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