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13.0803 Responsibility of the representative.

Cite as [A.S.C.A. § 13.0803]

(a) The representative, in accordance with the principal’s instructions, unless such authority has been limited expressly by the principal, shall:

(1) Have the authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity;

(2) Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which she/he believes the principal would have made under the circumstances if the principal were capable of making such decisions. If there is no indication of what the principal would have chosen, the representative may consider the principal’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn;

(3) Provide written consent using an appropriate form whenever consent is required, including a physician’s order not to resuscitate;

(4) Be provided access to the appropriate medical records of the principal;

(5) Apply for public benefits, such as Medicare and Medicaid, for the principal and have access to information regarding the principal’s income and assets, and banking and financial records, to the extent required to complete the application.

(b) The representative may authorize the release of information and medical records to appropriate persons to ensure the continuity of the principal’s health care and may authorize the admission, discharge or transfer of the principal to or from a health care facility or other facility or program licensed to provide long-term, tertiary or hospice care.

(c) If, after the appointment of a representative, a court appoints a guardian, the representative shall continue to make health care decisions for the principal, unless the court has modified or revoked the authority of the representative pursuant to this section. The representative may be directed by the court to report the principal’s health care status to the guardian.

(d) In the event a guardian is appointed for a principal who has executed an instrument appointing a health care representative, the court appointing the guardian shall specify in its order of guardianship what authority, if any, the guardian shall exercise over the representative. The court may, with notice to the representative and any other appropriate parties, modify or revoke the authority of the representative to make health care decisions for the ward, if the court finds the representative unfit to exercise the appointed duties.

History: 2008, PL 30-33.