Health care facilities and providers are increasingly faced with caring for patients who are physically or mentally incapacitated and unable to provide informed consent required by statute for the provision of non-emergent treatment. Additionally, due to physical limitations and/or mental incapacity, many hospitalized patients are unable to make the decisions and complete financial applications and commitments required to successfully accomplish a safe and timely discharge from the facility.
In cases where either of these situations arise, the law requires healthcare providers to seek consent from a patient’s appointed agent, medical power of attorney, or legally-designated surrogate decision-maker. In the absence or unwillingness of any such identified, the healthcare provider/facility is required to seek the court’s intervention to obtain judicial authorization for treatment or the appointment of a guardian and/or conservator to ensure that the patient’s best interests are fully considered in any major treatment or placement decisions.
The attorneys and staff of Goodman Allen Donnelly provide an experienced team of professionals to counsel and assist in the efficient and ethical resolution of treatment-related matters arising from patient disability and incapacity. Our expertise in this practice area includes: