202A.424 Powers of designated surrogate.

165 words·~1 min read·/ky/chapter-202a/202a-424

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A surrogate designated by a grantor in an advance directive for mental health

treatment shall act on behalf of the grantor in accordance with the desires of the

grantor as indicated in the advance directive and may override the advance directive

only if there is substantial medical evidence that failing to do so would result in

harm to the grantor.

(2)When acting on behalf of the grantor, the surrogate shall consider the

recommendations of the health care provider and honor the decisions made by the

grantor as expressed in the advance directive.

(3)If the grantor's instructions or preferences are not stated in the advance directive, the

surrogate may act in good faith on behalf of the grantor in the manner that the

surrogate believes the grantor would act.

(4)A surrogate may resign at any time by giving written notice to the grantor, to the

immediate successor surrogate, if any, to the attending health care provider, or to

the health care facility.