Health Care Decision Making for Unbefriended, Incapacitated Adults: A Value-Committed Policy Transfer Analysis

ABSTRACT

Adults who lack decisional capacity and known family or friends to serve as their health care agent are an increasing concern. This article examines the transferability of Texas and Florida legislation, which stipulates the persons eligible to serve as health care decision makers for unbefriended, incapacitated adults in the absence of an advance directive. Texas §313.004 allows for a clergyperson to serve in this role, whereas Florida Ann. §765.401 allows for a social worker with the requisite licensure or training. The authors provide a critical comparative value-committed analysis of the factors that influence state legislation that addresses the needs of unbefriended adults.

KEYWORDS:

• Clergy
• decisional capacity
• medical decision making
• social work
• surrogate

Notes

1. Florida statutes distinguish the terms “proxy” and “surrogate” whereby a surrogate refers to a patient appointed health care agent and a proxy refers to a health care agent designated from the class hierarchy outlined in the statute in the absence of an advance directive.