13.0806 Procedure in absence of living will.

(a) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care representative appointed by the principal pursuant to part I unless the instrument limits the representative’s authority to consent to the withholding or withdrawal of life-prolonging procedures.

(b) Before exercising the incompetent patient’s right to forego treatment, the representative must be satisfied that:

(1) The principal does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the principal; and

(2) The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state.