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20-6-106. Authority of surrogate.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-6-106. Authority of surrogate.
(a)(1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.
(2)(A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.
(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:
(1) The action is authorized by the a living will or other written advance directive; or
(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:
(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and
(B) The principal is highly unlikely to regain capacity to make medical decisions.
(c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-6-106
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:20-6-106
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 04c5d778c8d08bb8ee94ac4cc8acd1129b44965e20a0d365543418a82d8f6a3f
Source location: content.xml paragraph 537
Stored source content
20-6-106. Authority of surrogate.
(a)(1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.
(2)(A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.
(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:
(1) The action is authorized by the a living will or other written advance directive; or
(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:
(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and
(B) The principal is highly unlikely to regain capacity to make medical decisions.
(c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.
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