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20-17-214. Who may execute written request for another.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-214. Who may execute written request for another.
(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation:
(1) A legal guardian of the patient, if one has been appointed;
(2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;
(3) The patient's spouse;
(4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;
(5) The parents of a patient over the age of eighteen (18);
(6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;
(7) Persons standing in loco parentis to the patient; or
(8) A majority of the patient's adult heirs at law who participate in the decision.
(b)(1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-17-214
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 40423958647ffceb41ab12ee3ae9c4a9f1a7dcaac84623a6193f1cb8aeb862d9
Source location: content.xml paragraph 15343
Stored source content
20-17-214. Who may execute written request for another.
(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation:
(1) A legal guardian of the patient, if one has been appointed;
(2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;
(3) The patient's spouse;
(4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;
(5) The parents of a patient over the age of eighteen (18);
(6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;
(7) Persons standing in loco parentis to the patient; or
(8) A majority of the patient's adult heirs at law who participate in the decision.
(b)(1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
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