2019 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 6 - General Provisions
Subchapter 1 - Arkansas Healthcare Decisions Act
§ 20-6-106. Authority of Surrogate

Universal Citation: AR Code § 20-6-106 (2019)
  • (a)

    • (1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.

    • (2)

      • (A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.

      • (B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.

  • (b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:

    • (1) The action is authorized by the a living will or other written advance directive; or

    • (2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:

      • (A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and

      • (B) The principal is highly unlikely to regain capacity to make medical decisions.

  • (c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.

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