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34-12C-2Conditions authorizing health care decision by another--Determination by physician.

A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if:

(1)    A guardian has been appointed for him or he has otherwise been adjudged legally incompetent;

(2)    A limited guardian has been appointed for him and the order of limited guardianship authorizes the limited guardian to make health care decisions on his behalf;

(3)    It has been so determined by the circuit court as provided in § 34-12C-4; or

(4)    It has been so determined in good faith by his attending physician, acting either alone or in consultation with another physician.

A determination by the attending physician that a person is incapable of giving informed consent is effective until there is a subsequent determination, either by the attending physician, or by the circuit court, that the person is either capable of giving informed consent or that the diagnosis upon which the determination of incapacity was based is no longer valid. The attending physician may decline to make a determination as to either a person's capacity or incapacity to give informed consent and a health care provider may, but need not, rely on any such determination.

Any determination by an attending physician shall be in writing, shall be signed by the attending physician and shall be made a part of the person's medical record.

Source: SL 1990, ch 222, § 2; SL 1993, ch 213, § 223.

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