Walk It Through: The Hospital Bedside
A parent who cannot decide, no directive, a default surrogate, and a health care agent named in time.
After a stroke, a widowed mother in Newark cannot make her own medical decisions. She never signed a directive.
Two things a person in this spot might do. Picking one shows what the law says about it.
Medical decisions for an adult without capacity. Guardianship, mental health directives and decisions for a minor are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Default surrogateA person who decides health care for someone without capacity and without an agent, chosen by a set order of family and friends.
- Power of attorney for health careA record naming an agent to make health care decisions, signed by the person and an adult witness.
- Protection from abuse orderA Family Court order against domestic violence, lasting up to 1 year, and up to 2 for no contact orders.
- SeparationLiving separate and apart for 6 or more months before the ruling, which may be under one roof in separate bedrooms.