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Arkansas Code Title 20. Public Health and Welfare § 20-6-106. Authority of surrogate

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.

(2)(A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.

(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.

(b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:

(1) The action is authorized by the a living will or other written advance directive; or

(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:

(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and

(B) The principal is highly unlikely to regain capacity to make medical decisions.

(c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.

(d)(1) A surrogate may apply for public benefits, such as Medicare and Medicaid, for the principal, subject to any federal restrictions or requirements, and have access to information regarding the principal's income, assets, and banking and financial records to the extent required to make an application.

(2) The authority under subdivision (d)(1) of this section includes without limitation the ability to assist with, submit, and execute applications for benefits, redetermination of eligibility, and other ongoing related communications.

(3) The authority under subdivision (d)(1) of this section shall terminate when revoked by a principal who no longer lacks decisional capacity, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal.

(4) The authority under subdivision (d)(1) of this section shall be granted to a surrogate from a principal in writing or recorded orally.

(e) A surrogate shall meet all federal requirements to act as an authorized representative, including confidentiality provisions.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-6-106. Authority of surrogate - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-106/

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