Who Decides About Your Body
Idaho Code § 39-4503 and Idaho Code § 39-4504 — anyone who understands the care may consent, and the order of who decides when a patient cannot
Understanding is the test. Any person who understands the need for, the nature of and the significant risks of the care proposed is competent to consent to it on their own behalf, and a provider may rely on that consent.
- A court appointed guardian.
- The health care agent named in the patient's advance care planning document.
- The spouse.
- An adult child.
- A parent.
- A person named in a delegation of parental authority.
- Any relative, then another competent person responsible for the patient's care.
For a patient who cannot consent, or a minor, consent may be given or refused in that order. The person deciding may not go against the patient's advance directive or wishes the patient expressed while able to decide.
In an emergency. Where the patient faces a medical emergency, cannot communicate and has not made wishes known, the attending provider may authorize or give the care, and everyone involved may proceed as if valid consent had been given.
No one who gives or obtains consent in good faith under the chapter is liable for it. A particular decision is a question for the provider or a licensed Idaho attorney.
Sources for this section (2)
- Idaho Code § 39-4503 — Persons who may consent to their own care
- Idaho Code § 39-4504 — Persons who may give consent to care for others
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.