What is a health care surrogate?

A health care surrogate is a legal designation that allows one person to make medical decisions for another person who is unable to do so for themselves. In South Carolina, a health care surrogate can be appointed by the individual who needs assistance in making decisions or by a court. A health care surrogate is different from a power of attorney in that the health care surrogate is only responsible for making decisions relating to the individual’s health and medical care; a power of attorney covers decisions regarding all legal and financial matters. A health care surrogate has the ability to understand the nature of the individual’s medical condition, their preferences, and the potential risks and benefits of any medical decision they may make on behalf of the individual. Additionally, the health care surrogate is legally obligated to act in the best interest of the individual and to follow all decisions made for the individual’s medical care and treatment. In South Carolina, a health care surrogate is also legally obligated to keep all legal and medical documents related to the individual’s disability and care confidential. These documents will only be shared with those directly involved in the individual’s care and treatment. By designating a health care surrogate, those living with disabilities can ensure that their medical decisions are made by someone who knows and understands their wishes and who will act in their best interest.

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