Surrogate decision-maker

A surrogate decision maker, also known as a health care proxy or as an agent, is an advocate for incompetent patients. If a patient is unable to make decisions about personal care, a surrogate agent must make them on the patient's behalf. Where there is a durable power of attorney for health care, the agent appointed by that document is authorized to make health care decisions within the scope of the authority it grants. Where a person has a court-appointed guardian with authority to make health care decisions, the guardian is the authorized surrogate. The doctrine therefore turns on who holds legal authority to decide for a patient who cannot decide.