§ 35-22-406 — Decisions by surrogate

Wyoming § 35-22-406

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 22: LIVING WILL
• Art. 4: WYOMING HEALTH CARE DECISIONS ACT

Text

(a) If a valid advance health care directive does not
exist, a surrogate may make a health care decision for a patient
who is an adult or emancipated minor if the patient has been
determined by the primary physician or the primary health care
provider to lack capacity and no agent or guardian has been
appointed or the agent or guardian is not reasonably available.
(b) An adult or emancipated minor may designate any
individual to act as surrogate by personally informing the
primary health care provider. In the absence of a designation,
or if the designee is not reasonably available, it is suggested
that any member of the following classes of the patient's family
who is reasonably available, in descending order of priority,
may act as surrogate:
(i) The spouse, unless legally separated;
(ii) An adult child;
(iii) A parent;
(iv) A grandparent;
(v) An adult brother or sister;
(vi) An adult grandchild.
(c) If none of the individuals eligible to act as
surrogate under subsection (b) of this section is reasonably
available, an adult who has exhibited special care and concern
for the patient, who is familiar with the patient's personal
values, and who is reasonably available may act as surrogate.
(d) A surrogate shall communicate his assumption of
authority as promptly as practicable to the members of the
patient's family specified in subsection (b) of this section who
can be readily contacted.
(e) If more than one (1) member of a class assumes
authority to act as surrogate, and the other members of the
class do not agree on a health care decision and the primary
health care provider is so informed, the primary health care
provider shall comply with the decision of a majority of the
members of that class who have communicated their views to the
provider.
(f) A surrogate shall make a health care decision in
accordance with the patient's individual instructions, if any,
and other wishes to the extent known to the surrogate.
Otherwise, the surrogate shall make the decision in accordance
with the surrogate's determination of the patient's best
interest. In determining the patient's best interest, the
surrogate shall consider the patient's personal, philosophical,
religious and ethical values to the extent known to the
surrogate and reliable oral or written statements previously
made by the patient, including, but not limited to, statements
made to family members, friends, health care providers or
religious leaders.
(g) A health care decision made by a surrogate for a
patient is effective without judicial approval.
(h) The patient at any time may disqualify another,
including a member of the individual's family, from acting as
the individual's surrogate by a signed writing or by personally
informing the primary health care provider of the
disqualification.
(j) Unless related to the patient by blood, marriage or
adoption, a surrogate may not be an owner, operator or employee
of a residential or community care facility at which the patient
is receiving care.
(k) A primary health care provider may require an
individual claiming the right to act as surrogate for a patient
to provide a written declaration under penalty of perjury
stating facts and circumstances reasonably sufficient to
establish the claimed authority.