Healthcare Laws: State by State
Alabama Healthcare Laws
Alabama law does not allow a same-sex partner to make a medical decision for an incapacitated partner in the absence of an express advance directive. ALA. CODE § 22-8A-11.
A competent adult may prepare an advance directive, appointing another to make decisions for them, in the event they are incapable. A valid advance directive must be in writing, dated, signed by the declarant and witnessed by two individuals. ALA. CODE § 22-8A-4.
Citation: Natural Death Act: ALA. CODE 1975, §§ 22-8A-11 to 22-8A-14
Last Updated: 5/5/2008
Alaska Healthcare Laws
Alaska law allows "one who has exhibited special care and concern" for the incapacitated patient to make medical decisions on the patient’s behalf, however attempts must first be made to find at least four other individuals (spouse, parents, children, etc) before such authority is granted. § 13-52-030.
An adult may execute an advance health care directive. It must be signed by the declarant and either witnessed by two individuals or notarized. § 13.52.010.
Citation: Healthcare Decisions Act: ALASKA STAT. §§ 13.52.010 to 13.52.390
Last Updated: 5/5/2008
Arizona Healthcare Laws
A same sex partner in Arizona may make medical decisions for an incapacitated partner. However adult children and parents are listed before partners in order of priority. § 36-3201. (Partners would fit into the statute as a "close friend", defined as "an adult who has exhibited special care and concern for the patient, who is familiar with the patient's health care views and desires and who is willing and able to become involved in the patient's health care and to act in the patient's best interest.")
An adult may create an advance health care directive appointing another adult to make a medical decision for him or her, in the event of incapacity. The directive must be signed by the declarant and either witnessed by one individual or notarized. § 36-3221.
Citation: Living Wills and Health Care Directives: ARIZ. REV. STAT. ANN. §§ 36-3201 to 36-3287
Last Updated: 5/5/2008
Arkansas Healthcare Laws
Arkansas law does not provide same-sex partners with the authority to make a decision for an incapacitated partner in the absence of an advance directive. § 20-9-602.
An adult may at any time make an advance health care directive. It must be signed by the declarant and two other witnesses. § 20-17-202.
Citation: Health Services and Facilities Generally: ARK. CODE ANN. § 20-9-602 and Arkansas Rights of the Terminally Ill or Permanently Unconscious Act: ARK. CODE ANN. §§ 20-17-201 to 20-17-218
Last Updated: 5/5/2008
California Healthcare Laws
California specifically provides domestic partners the same authority to make decision on behalf of an incapacitated partner as a spouse has with regard to an incapacitated spouse. § 4716.
An adult may designate a surrogate to make health care decisions in his or her place. Surrogacy lasts during the treatment of an illness or 60 days, whichever is shorter. The advance directive must contain the date, patient’s signature (or that of someone designated to sign at the patient’s direction), be notarized or witnessed by two individuals. § 4673.
Domestic partners and their children are specifically granted visitation rights under CAL. HEALTH & SAFETY. CODE § 1261. "Domestic partnership" is defined under CAL. FAM. CODE § 297.
Citation: Uniform Healthcare Decisions Act: Cal. Prob. Code §§ 4600 to 4743 and Health Facilities; General: Cal. Health & SAFETY. CODE § 1261
Last Updated: 5/2/2008
Colorado Healthcare Laws
Same-sex partners may help make decisions regarding an incapacitated partner as a "close friend" in Colorado, which requires that all interested persons attempt to reach a consensus on what to do on the patient’s behalf. The proxy decision maker should be the one who is most likely to be informed of the patient’s wishes. § 15-18.5-103.
An advance directive declaration requires the signature of the declarant and that of two witnesses.
Citation: Colorado Medical Treatment Decision Act: Colo. Rev. Stat. Ann. §§ 15-18-101 to 15-18.5-105
Last Updated: 5/2/2008
Connecticut Healthcare Laws
Under Connecticut law, if there is no living will or advance health care directive appointing a "healthcare representative" in place, the attending physician, in certain circumstances, is required to determine the patient’s wishes "by consulting any statement made by the patient directly to the attending physician and, if available …the patient's next of kin…" § 19a-571. Under Connecticut law, civil union partners are included as "next of kin".
Any adult may execute ad advance health care directive. A directive must be dated and requires two witnesses to the declarant’s signature. § 19a-576.
Civil unions in Connecticut are defined by § 46b-38aa et seq.
Citation: Removal of Life Support Systems: Conn. Gen. Stat. §§ 19a-570 to 19a-580d
Last Updated: 5/2/2008
Delaware Healthcare Laws
In Delaware, a same-sex partner may make decisions on behalf of his or her incapacitated partner only if none of the other designated individuals (spouse, adult child, parent, etc.) are available, as "an adult who has exhibited special care and concern for the patient." § 2507.
An adult may execute an advance health-care directive which gives his or her partner the authority to make medical decisions. The directive must be in writing, signed by the declarant, dated, and witnessed by two or more witnesses. § 2503.
Citation: Health-Care Decisions: Del. Code Ann. tit. 16, §§ 2501 to 2518
Last Updated: 5/2/2008
D.C. Healthcare Laws
Domestic partners may make healthcare decisions for their incapacitated partners in the District of Columbia, so long as a guardian has not been appointed for the patient. § 21-2210.
An adult may also give another person the authority to make health care decisions on his or her behalf. The health care power of attorney must be in writing, dated and signed by the declarant and 2 adult witnesses. § 21-2205.
All health care facilities, including hospitals, convalescent facilities, or other long term care facilities, shall allow a domestic partner to visit the patient. § 32-704.
Domestic partnership in the District of Columbia is defined under § 32-702.
Citation: Health Care Decisions: D.C. Code §§ 21-2201 to 2213 and Health Care Benefits Expansion": D.C. Code §§ 32-701 to 32-710
Last Updated: 5/2/2008
Florida Healthcare Laws
A same-sex partner may make health care decisions for an incapacitated partner as a "close friend" under Florida law. However their authority to do so is only considered after contact has been attempted with several others (spouse, adult children, parents, siblings, etc.). § 765.401.
An adult may execute an advance directive designating who should have the authority to make medical decisions in the event they become incapacitated. The directive must be a written document signed by the principal in the presence of two subscribing adult witnesses. § 765.202
Citation: Healthcare Advance Directives: Absence of Advance Directive: Fla. Stat. Ann. § 765.401 and Florida Health Care Surrogate Act: Fla. Stat. Ann. §§ 765.202 to 765.205
Last Updated: 5/2/2008
Georgia Healthcare Laws
Same-sex partners are not given authority to make medical decisions for an incapacitated patient under Georgia law in the absence of an express advance directive. § 31-36A-6.
An adult may execute an advance directive appointing his or her domestic partner as a health care agent. The directive must be in writing, signed by the declarant and witnessed by two individuals. § 31-32-5.
Citation: Temporary Health Care Placement Decision Maker for an Adult Act: Ga. Code Ann. §§ 31-36A-1 to 31-36A-6 and Georgia Advance Directive for Health Care Act: Ga. Code Ann. §§ 31-32-1 to 31-32-12
Last Updated: 5/2/2008
Hawaii Healthcare Laws
Hawaii law does not explicitly permit a reciprocal beneficiary to make medical decisions for an incapacitated partner. However, the physician is required to make reasonable efforts to contact all interested parties who may need to make a decision regarding the patient’s treatment. Interested persons shall attempt to reach a consensus as to who the surrogate should be. The person selected, "should be the person who has a close relationship with the patient and who is the most likely to be currently informed of the patient's wishes regarding health-care decisions." § 327E-5.
An adult may also execute a power of attorney for health care, giving another the authority to make health care decisions on their behalf. The power shall be in writing, contain the date and signature of the declarant and be witnessed by two individuals or acknowledged before a notary public. § 327E-3.
In Hawaii "reciprocal beneficiaries" are granted the same rights as a spouse with respect to visitation and making health care decisions for the patient. § 323-2.
Requirements for a valid "reciprocal beneficiary" relationship are listed under § 572C-4.
Citation: Uniform Health-Care Decisions Act (Modified): HAW. REV. STAT. §§ 327E-1 to 372E-16 and Hospitals and Medical Facilities; General Provisions: HAW. REV. STAT. § 323-2
Last Updated: 5/2/2008
Idaho Healthcare Laws
A same-sex partner may make a medical decision on behalf of an incapacitated partner in Idaho as a, "competent individual representing himself or herself to be responsible for the health care of such person." However, contact must be attempted with at least four individuals (guardian, spouse, parent and relative) prior to the authority being granted. § 39-4504.
An adult may also execute a living will/durable power of attorney for health care, appointing another individual to make health care decisions on his or her behalf. The form of the advance directive is described under § 39-4510.
Citation: The Medical Consent and Natural Death Act: Idaho Code Ann. §§ 39-4501 to 39-4515
Last Updated: 5/2/2008
Illinois Healthcare Laws
A same-sex partner may, under certain circumstances, make health care decisions for an incapacitated partner as a "close friend" under Illinois law. However, at least six other individuals are granted priority ahead of a partner (guardian, spouse, adult children, parent, etc.) and must be contacted first. § 40/25.
An adult may execute a living will, designating another to make health care decisions in the event of incapacitation. The document must be signed by the declarant, or another at the declarant's direction, and witnessed by 2 individuals. § 35/3.
Citation: Health Care Surrogate Act: 755 Ill. Comp. Stat. Ann. §§ 40/1 to 40/65 and Illinois Living Will Act: 755 Ill. Comp. Stat. Ann. §§ 35/1 to 35/10
Last Updated: 5/2/2008
Indiana Healthcare Laws
Indiana law does not authorize one partner to provide medical consent on behalf of an incapacitated same-sex partner in the absence of an express advance directive. § 16-36-1-5.
An adult may grant his or her partner authority to make medical decisions on his on her behalf through a living will. To be valid, the living will must be signed by the declarant, dated and witnessed by two other individuals. § 16-36-4-10.
Citation: Medical Consent: IND. CODE §§ 16-36-1-1 to 16-36-1-13 and Living Wills and Life Prolonging Procedures: IND. CODE §§ 16-36-4-1 to 16-36-4-21
Last Updated: 5/2/2008
Iowa Healthcare Laws
Iowa law does not allow for a partner to make medical decisions on behalf of his or her incapacitated same-sex partner in the absence of an express advance directive. § 144A.7.
An adult may give his or her partner the authority to make health care decisions through a durable power of attorney for health care. The document must explicitly authorize the attorney in fact to make health care decisions, contain the date of its execution, signature of the principal and be either witnessed by at least two individuals or acknowledged before a notary. § 144B.3.
Citation: Life Sustaining Procedures: IOWA CODE ANN. §§ 144A.1 to 144A.12 and Durable Power of Attorney for Health Care: IOWA CODE ANN. §§ 144B.1 to 144B.12
Last Updated: 5/1/2008
Kansas Healthcare Laws
Kansas law does not allow for a partner to make decisions on behalf of his or her incapacitated same-sex partner in the absence of an express advance directive. § 65-4974. An adult may designate his or her partner, in advance, to make medical decisions on their behalf. A declaration directing the withholding or withdrawal of life-sustaining procedures shall be in writing, signed by the person making the declaration, dated; and either signed in the presence of two or more witnesses or acknowledged before a notary public. § 65-28,103. The same is required for a durable medical power of attorney. § 58-632.
Citation: Health Care Providers; Research Protocols: Kan. Stat. Ann. § 65-4974; Natural Death Act: Kan. Stat. Ann. §§ 65-28,101 to 65-28,109 and Durable Power of Attorney for Health Care Decisions: Kan. Stat. Ann. §§ 58-625 to 58-632
Last Updated: 5/1/2008
Kentucky Healthcare Laws
Kentucky law does not allow a partner to make decisions on behalf of his or her incapacitated same-sex partner in the absence of an express advance directive. § 311.631.
An adult may designate his or her partner, in advance, to make decisions on his or her behalf. An advance directive shall be in writing, dated, and signed by the grantor, and either witnessed by two or more adults in the presence of the grantor or acknowledged before a notary public or other person authorized to administer oaths. § 311.625.
Citation: Kentucky Living Will Directive Act: Ky. Rev. Stat. Ann. §§ 311.621 to 311.644
Last Updated: 5/1/2008
Louisiana Healthcare Laws
Louisiana law does not allow for a partner to make decisions on behalf of his or her incapacitated same-sex partner in the absence of an express advance directive. § 40:1299.53.
An adult may make a declaration regarding the withdrawal or withholding of a life-sustaining procedure. § 40:1299.58.3.
Citation: Louisiana Medical Consent Law: La. Rev. Stat. Ann. §§ 40:1299.50 to 40:1299.58 and Declarations Concerning Life-Sustaining Procedures: La. Rev. Stat. Ann. §§ 40:1299.58.1 to 40:1299.58.10
Last Updated: 5/1/2008
Louisiana Healthcare Laws
Louisiana law does not allow for a partner to make decisions on behalf of his or her incapacitated same-sex partner in the absence of an express advance directive. § 40:1299.53.
An adult may make a declaration regarding the withdrawal or withholding of a life-sustaining procedure. § 40:1299.58.3.
Citation: Louisiana Medical Consent Law: La. Rev. Stat. Ann. §§ 40:1299.50 to 40:1299.58 and Declarations Concerning Life-Sustaining Procedures: La. Rev. Stat. Ann. §§ 40:1299.58.1 to 40:1299.58.10
Last Updated: 5/1/2008
Maine Healthcare Laws
Under Maine law, "an adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse" may make certain medical decisions on behalf of his or her same-sex partner. § 5-805.
An adult or emancipated minor with capacity may execute a power of attorney for health care, which may authorize a partner to make any health-care decision the principal could have made while having capacity. The power must be in writing and signed by the principal and 2 witnesses. § 5-802. An adult may also designate which individuals are to be considered "immediate family members" for the purpose of hospital visitation rights. tit. 22 § 1711-D.
Note that Maine also permits domestic partnership requirements: see tit. 22, § 2701 However, it does not appear that one must formally register as a domestic partner in order to make medical decisions as discussed above.
Citation: Uniform Health-Care Decisions Act: Me. Rev. Stat. Ann. tit. 18-A, §§ 5-801 to 5-817 and Designation of visitors in hospital settings: Me. Rev. Stat. Ann. tit. 22 § 1711-D
Last Updated: 5/1/2008
Maryland Healthcare Laws
Under Maryland law, a domestic partner (as defined by statute) may make medical decisions on behalf of his or her incapacitated partner, is entitled to hospital visitation rights, and may share a room in a nursing home.
Citation: Public Law Number 590 (2008).
Last Updated: 10/1/2008
Massachusetts Healthcare Laws
Physicians in Massachusetts rely on the informed consent of "responsible parties" on behalf of an incapacitated patient. § 16.
An adult may designate a health care agent by executing a health care proxy. The proxy shall be in writing signed by such adult or at the direction of such adult in the presence of two witnesses. § 2.
Note that Massachusetts recognizes marriage equality for same-sex couples. However, the decision-making process in the event of incapacity, as referred to above, does not specifically depend on whether the incapacitated patient is married. A spouse would almost certainly qualify as a "responsible party", although the statute referred to above does not specify.
Citation: Health Care Proxies: Mass. Gen. Laws Ann. ch. 201D. § 1 to 16
Last Updated: 5/1/2008
Michigan Healthcare Laws
Michigan law does not specifically allow for a partner to make medical decisions on behalf of his or her incapacitated same-sex partner (though a legal guardian may make such decisions). § 333.5653.
An adult may appoint a patient advocate to make medical decisions on his or her behalf. A patient advocate designation must be in writing, signed, witnessed dated, executed voluntarily, and, before its implementation, made part of the patient's medical record with, the patient's attending physician, the mental health professional providing treatment to the patient, etc. Two witnesses are required. § 700.5506.
Citation: Durable Power of Attorney and Designation of Patient Advocate: Mich. Comp. Laws Ann. §§ 700.5501 to 700.5520 and Terminal Illness: Mich. Comp. Laws Ann. § 333.5653
Last Updated: 5/1/2008
Minnesota Healthcare Laws
Minnesota law does not permit a partner to make medical decisions for an incapacitated same-sex partner in the absence of an advance written directive. § 144.651(10) .
An adult may execute an advance health care directive, in which an individual is appointed to make health care decisions on their behalf. § 145C.02. To be valid, the directive must be in writing, dated, signed by the declarant, and be verified by witnesses or a notary public. § 145C.03.
Citation: Patient’s Bill of Rights: Minn. Stat. Ann. § 144.651 and Health Care Directives: Minn. Stat. Ann. §§ 145C.01 to 145C.16
Last Updated: 5/1/2008
Mississippi Healthcare Laws
Under Mississippi law, a partner is not explicitly given the authority to make medical decisions on behalf of their incapacitated same-sex partner. However, "an adult who has exhibited special care and concern for the patient, who is familiar with the patient's personal values, and who is reasonably available may act as surrogate" may make a decision if the spouse, adult children, parents or siblings cannot be contacted. § 41-41-211.
An adult may identify his or her choice for a surrogate to the physician or may execute an advance healthcare directive. A valid directive should be in writing, contain the date of its execution, be signed by the principal, and be witnessed by two individuals or in the presence of a notary public. § 41-41-205.
Citation: Uniform Health-Care Decisions Act: Miss. Code Ann. §§ 41-41-201 to 41-41-229
Last Updated: 5/1/2008
Missouri Healthcare Laws
Missouri law does not allow for a partner to make decisions on behalf of his or her incapacitated same-sex partner. § 431.061.
Missouri law allows an adult to designate another individual to make health care decisions on his or her behalf. § 404.805. The power of attorney is subscribed by the principal, and dated and acknowledged in the manner prescribed by law for conveyances of real estate (notarized, witnessed). § 404.705. An adult may also make an advance healthcare directive for withholding or withdrawing life support. § 459.015.
Citation: Consent to surgical or medical treatment, who may give, when: Mo. Ann. Stat. § 431.061; Durable Power of Attorney for Health Care Act: Mo. Ann. Stat. §§ 404.800 to 400.872 and Uniform Rights of the Terminally Ill Act (1985); Declarations, Life Support: Mo. Ann. Stat. §§ 459.010 to 459.055
Last Updated: 4/30/2008
Montana Healthcare Laws
Montana law does not allow for a partner to make decisions on behalf of his or her incapacitated partner. § 50-9-106.
An adult may, through a written declaration, give his or her partner authority to make certain medical decisions in the event of incapacitation. A valid declaration requires the signature of the principal and two witnesses. § 50-9-103.
Citation: Rights of the Terminally Ill Act: Mont. Code Ann. § 50-9-101 to 50-9-111
Last Updated: 4/30/2008
Nebraska Healthcare Laws
Nebraska law does not allow a partner to make decisions on behalf of his or her incapacitated partner. § 44-2808.
An adult may designate his or her partner to make medical decisions on his or her behalf. A power of attorney for health care shall be in writing, identify the principal, the attorney in fact, and the successor attorney in fact, if any, specifically authorize the attorney in fact to make health care decisions on behalf of the principal in the event the principal is incapable, be dated and, be witnessed and signed by at least two adults, or be signed and acknowledged by the principal before a notary public. § 30-3404.
Citation: Nebraska Hospital-Medical Liability Act: Neb. Rev. Stat. § 44-2808; Health Care Power of Attorney: Neb. Rev. Stat. §§ 30-3401 to § 30-3432 and Rights of the Terminally Ill Act: Neb. Rev. Stat. §§ 20-401 to 20-416
Last Updated: 4/30/2008
Nevada Healthcare Laws
Nevada law does not allow a partner to make decisions on behalf of his or her incapacitated same-sex partner. § 449.626.
An adult may designate his or her partner to make medical decisions on his or her behalf by executing a durable medical power of attorney. § 449-810. To be valid, the declarant’s signature on the power of attorney must be acknowledged before a notary public or witnessed by two adult witnesses who know the principal personally. § 449-840.
Citation: Withholding or Withdrawal of Life-Sustaining Treatment (Based on the Uniform Rights of the Terminally Ill Act (1989)): Nev. Rev. Stat. §§ 449.540 to 449.690 and Durable Attorney for Health Care: Nev. Rev. Stat. §§ 449-800 to 449-860
Last Updated: 4/30/2008
New Hampshire Healthcare Laws
New Hampshire law does not specify who can make medical decisions for an incapacitated person in the absence of an advance directive.
Under New Hampshire law, an adult may designate his or her same-sex partner to make medical decisions on his or her behalf. The advance directive shall be signed by the principal in the presence of either two or more subscribing witnesses or a notary public. § 137-J:14.
As of January 2008, same-sex partners will be able to enter into civil unions in New Hampshire and receive all the rights and benefits of marriage under state law.
Citation: Written Directives for Medical Decision Making for Adults Without Capacity to Make Healthcare Decisions: N.H. Rev. Stat. Ann. §§ 137-j:1 to 137-J:33 ; N.H. Rev. Stat. Ann. §§ 137-H:1 to 137-H:16
Last Updated: 4/30/2008
New Jersey Healthcare Laws
New Jersey law states that a civil union partner has the same rights and responsibilities as a spouse with regard to "laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, and any rights guaranteed to a hospital patient." § 37:1-32(j).
An adult may execute an advance directive designating his or her same-sex partner as having authority to make medical decisions on their behalf. The advance directive shall be signed and dated by, or at the direction of, the declarant in the presence of two subscribing adult witnesses. § 26:2H-56.
Citation: New Jersey Advanced Directives for Health Care Act: N.J. Stat. Ann. §§ 26: 2H-53 to 2H-91
Last Updated: 4/30/2008
New Mexico Healthcare Laws
New Mexico law permits a partner to make decisions for an incapacitated same-sex partner, as an "individual in a long-term relationship of indefinite duration with the patient in which the individual has demonstrated an actual commitment to the patient similar to the commitment of a spouse and in which the individual and the patient consider themselves to be responsible for each other's well-being." § 24-7A-5.
An adult or emancipated minor, while having capacity, also has the right to make his or her own health-care decisions and may give individual instructions that are limited for specific conditions. These can be written or oral. If an instruction is made orally it should be given directly to the health care provider. § 24-7A-5. A written advance directive should be witnessed by two individuals. § 24-7A-4.
Citation: Uniform Health Care Decision Act: N.M. Stat. Ann. §§ 24-7A-1 to 24-7A-18
Last Updated: 4/30/2008
New York Healthcare Laws
New York law permits a partner to make medical decisions on behalf of an incapacitated same-sex partner as a "close friend." However, priority is given to other individuals first (adult children, parent, adult siblings). § 2965.
An adult may designate his or her partner as having authority to make medical decisions on their behalf through a health care proxy. A competent adult may appoint a health care agent by a health care proxy, signed and dated by the adult in the presence of two adult witnesses who shall also sign the proxy. § 2981. A domestic partner may not be refused visitation rights in New York. § 2805-q.
Citation: McKinney’s Public Health Law: N.Y. Pub. health §§ 2960 to 2978; Health Care Agents and Proxies: N.Y. Pub. health §§ 2980 to 2994 and Hospitals; Hospital visitation by domestic partner: N.Y. Pub. health § 2805-q
Last Updated: 4/30/2008
North Carolina Healthcare Laws
North Carolina’s Medical Care Commission has enacted a rule providing that "a patient has the right to designate visitors who shall receive the same visitation privileges as the patient’s immediate family members, regardless of whether the visitors are legally related to the patient." This rule allows equal hospital visitation privileges for same-sex partners.
Citation: 10A NCAC 13B.3302
Last Updated: 6/27/2008
North Dakota Healthcare Laws
North Dakota law permits partners to may make decisions regarding their incapacitated same-sex partner’s medical treatment as a "close friend." However, there are at least seven others listed that would receive priority ahead of the partner. § 23-12-13.
An adult may execute an advance health care directive, which may include one or more health care instructions to health care providers, others assisting with health care, family members, and a health care agent. § 23-06.5-03. To be valid the directive must be in writing, dated, state the principal's name, be executed by a principal with capacity to do so, and contain verification of the principal's signature by either a notary public or by witnesses. § 23-06.5-05.
Citation: Public Health, Miscellaneous Provisions: N.D. Cent. Code § 23-12-13 and Health Care Directives: N.D. Cent. Code §§ 23-06.5-01 to 23-06.5-18
Last Updated: 4/30/2008
Ohio Healthcare Laws
Ohio law does not permit partners to make medical decisions on behalf of incapacitated same-sex partners in the absence of a written directive. § 2133.08.
An adult may designate his or her partner a health care agent through a durable power of attorney for health care. It shall be signed at the end of the instrument by the declarant state the date of its execution and acknowledged before a notary public. § 1337.12.
Citation: Rights of the Terminally Ill Act and the Do Not Resuscitate Identification and Do-Not-Resuscitate Order Law : Ohio Rev. Code Ann. §§ 2133.01 to 2133.26 and Durable Power of Attorney for Health Care: Ohio Rev. Code Ann. §§ 1337.11 to 1337.20
Last Updated: 4/30/2008
Oklahoma Healthcare Laws
Oklahoma law does not permit a partner to make medical decisions on behalf of a same-sex partner in the absence of an advance directive. § 3080.5, 3102A.
An adult may appoint a same-sex partner to make medical decisions on his or her behalf. The directive shall be signed by the declarant and witnessed by two adults. § 3101.4.
Citation: Hydration and Nutrition for Incompetent Patients Act: Okla. Stat. tit. 63, §§ 3080.1 to 3080.5 and Oklahoma Advanced Directive Act: Okla. Stat. tit. 63, §§ 3101.1 to 3101.16
Last Updated: 4/30/2008
Oregon Healthcare Laws
Oregon law currently permits a partner to make medical decisions for an incapacitated partner as an "adult friend" Or. Rev. Stat. § 127.635. However, adult children, parents, or adult siblings of the incapacitated partner would have priority (unless they agreed to cede authority to the partner).
A capable adult may designate in writing a competent adult to serve as attorney-in-fact or health care representative. The instruction shall be effective when it is signed and witnessed. § 127-515.
The Oregon Family Fairness Act permits same-sex couples to enter into domestic partnerships, and provides domestic partners with all the rights and benefits provided to spouses under state law. This includes the right to make medical decisions for an incapacitated partner pursuant to Or. Rev. Stat. 127.635.
Citation: Advance Directives for Health Care; Or. Rev. Stat. §§ 127.505 to 127.645
Last Updated: 7/2/2008
Pennsylvania Healthcare Laws
Pennsylvania law does not specifically provide for a partner to make decisions on behalf of an incapacitated same-sex partner, but, "an adult who has knowledge of the principal's preferences and values…" is among those listed. Contact must be attempted with at least five individuals before a partner would have authority. § 5461.
An adult may appoint his or her partner to make health care decisions on his or her behalf. A valid health care power of attorney must identify the principal, appoint the health care agent and declare that the principal authorizes the health care agent to make health care decisions on behalf of the principal. § 5453.
Citation: Health Care; Health Care Agents and Representatives: 20 Pa. Cons. Stat. §§ 5451 to 5465
Last Updated: 4/30/2008
Rhode Island Healthcare Laws
Rhode Island law does not permit a partner to make medical decision on behalf of a same-sex partner in the absence of an advance directive.
An adult in Rhode Island may designate his or domestic partner as able to make health care decisions on his or her behalf by executing a health care power of attorney. The power of attorney must be signed and either witnessed by two individuals or notarized. § 23-4.10-2.
Citation: Health Care Power of Attorney: R.I. Gen. Laws §§ 23-4.10-1 to 23-4.10-12
Last Updated: 4/30/2008
South Carolina Healthcare Laws
South Carolina law does not permit a partner to make a medical decision on behalf of an incapacitated same-sex partner in the absence of an advance directive. § 44-66-30.
An adult may give his or her same-sex partner power of attorney for medical decisions. A valid health care power of attorney must be substantially in the form set forth in § 62-5-504(D), be dated and signed by the principal or in the principal's name by another person in the principal's presence and by his direction, and witnessed by at least two individuals. § 62-5-504.
Citation: Adult Health Care Consent Act: S.C. Code Ann. § 44-66-10 to 44-66-80 and Powers of Attorney; Health Care Power of Attorney: S.C. Code Ann. § 62-5-504
Last Updated: 4/30/2008
South Dakota Healthcare Laws
Under South Dakota law, a partner may make medical decisions for an incapacitated same-sex partner as a "close friend". A number of other people, including adult children, parents, and adult siblings, have priority ahead of the same-sex partner, however. § 34-12C-3.
A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individuals. § 34-12D-2. An adult may also create a health care agent through a power of attorney. The power of attorney must specifically state that the agent is to continue acting if and when the declarant becomes incapacitated. § 59-7-2.1.
Citation: Health Care Consent Procedures: S.D. Codified Laws §§ 34-12C-1 to 34-12C-8; Living Wills: S.D. Codified Laws §§ 34-12D-1 to 34-12D-29 and Agency: S.D. Codified Laws §§ 59-2-1 to 59-7-2.5
Last Updated: 4/30/2008
Tennessee Healthcare Laws
Under Tennessee law, a partner may make medical decisions for an incapacitated partner as "an adult who has exhibited special care and concern for the patient, who is familiar with the patient's personal values, who is reasonably available, and who is willing to serve." However, a number of other people have priority ahead of the same-sex partner. § 68-11-1806.
An adult may create a durable power of attorney for health care, designating his or her same-sex partner to make health care decisions in the event of incapacitation. To be valid the principal's signature must be either attested by a notary public or witnessed by 2 witnesses. § 34-6-203.
Citation: Health Care Decisions: Tenn. Code Ann. §§ 68-11-1801 to 68-11-1815 and Durable Power of Attorney for Health Care: Tenn. Code Ann. §§ 34-6-201 to 34-6-218
Last Updated: 4/30/2008
Texas Healthcare Laws
Texas law does not permit a partner to make a medical decision on behalf of an incapacitated same-sex partner in the absence of an advance directive. § 313.004.
An adult may designate his or her same sex partner as a health care agent through an advance health care directive. To be valid the directive must be signed by the declarant in the presence of two witnesses. § 166.154.
Citation: Consent to Medical Treatment Act: Tex. Rev. Civ. Stat. Ann., Health & Safety, §§ 313.001 to 313.007 and Advanced Directives: Tex. Rev. Civ. Stat. Ann., Health & Safety, §§ 166.031 to 166.053
Last Updated: 4/29/2008
Utah Healthcare Laws
Under Utah law, a partner may make medical decisions for an incapacitated same-sex partner as someone who "has exhibited special care and concern for the patient, is familiar with the patient's personal values; and is reasonably available to act as a surrogate". § 75-2a-108. However, several others (spouse, children, parents, siblings, grandparent, grandchildren) have priority ahead of the same-sex partner,
An adult may designate his or her domestic partner as having the authority to make medical decisions on their behalf. An advance health care directive may be oral or written and must be witnessed by a disinterested individual. § 75-2a-107.
Citation: Advance Health Care Directive Act: Utah Code Ann. §§ 75-2a-101 to 75-2a-124
Last Updated: 4/29/2008
Vermont Healthcare Laws
A member of a civil union is considered a spouse for all medical treatment decisions and visitation rights. 15 § 1204(b) .
An adult may also designate his or her same-sex partner as having the authority to make medical decisions on his or her behalf. § 9701. To be valid an advance directive must be dated, executed by the principal or by another individual in the principal's presence at the principal's express direction if the principal is physically unable to do so, and signed in the presence of two or more witnesses. § 9703.
Civil Unions in Vermont are defined in VT. STAT. ANN. tit. 15 §§ 1201 to 1207
Citation: Advance Directives for Health Care and Disposition of Remains: Vt. Stat. Ann. tit. 18, §§ 9700 to 9720
Last Updated: 4/29/2008
Virginia Healthcare Laws
Domestic partners are not listed among those who may give consent for an incapacitated partner in Virginia. § 54.1-2986.
An adult may also designate their domestic partner as having the authority to make medical decisions on their behalf. A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses. An oral advance directive shall be made in the presence of the attending physician and two witnesses. § 54.1-2983.
Virginia law requires licensed hospitals to permit adult patients to receive visits from any individual, including a same-sex partner.
Citation: Health Care Decisions Act: Va. Code Ann. §§ 54.1-2981 to 54.1-2993
Last Updated: 4/29/2008
Washington Healthcare Laws
Under Washington law, registered domestic partners have the same right to make medical decisions for a partner as a spouse.
An adult may authorize his or her attorney-in-fact to provide informed consent for health care decisions on the principal's behalf. There must be a written document that confers the power of the agent to act on the principals behalf, stating, "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable. § 11.94.010.
Citation: Actions for Injuries Resulting From Health Care: Wash. Rev. Code Ann. § 7.70.065; Uniform Durable Power of Attorney Act: Wash. Rev. Code Ann. § 11.94 and Natural Death Act: Wash. Rev. Code Ann. §§ 70.122.010 to 70.122.905
Last Updated: 4/29/2008
Wyoming Healthcare Laws
Under Wyoming law, a partner may make medical decisions for an incapacitated same-sex partner as someone who "has exhibited special care and concern for the patient, is familiar with the patient's personal values; and is reasonably available to act as a surrogate". However, several others (spouse, adult children, parents, adult siblings, grandparent, grandchildren) have priority ahead of the same-sex partner, § 35-22-406.
An adult may designate his or her same-sex partner as having the authority to make medical decisions on their behalf through a power of attorney. The power must be in writing and signed by the principal or by another person in the principal's presence and at the principal's expressed direction. It should be either notarized or witnessed by two individuals. § 35-22-403.
Citation: Wyoming Health Care Decisions Act: Wyo. Stat. Ann. §§ 35-22-401 to 35-22-416.
Last Updated: 4/28/2008
West Virginia Healthcare Laws
Under West Virginia law, a partner may, under certain circumstances, be authorized by a physician or nurse practitioner to make medical decisions for an incapacitated same-sex partner as a "close friend". A number of other people, including spouse, adult children, parents, have priority ahead of the same-sex partner, however. § 16-30-8.
An adult may designate his or her same-sex partner as having the authority to make medical decisions on his or her behalf. An advance directive must be in writing, executed by the principal or by another person in the principal's presence at the principal's express direction if the principal is physically unable to do so, dated and signed in the presence of two or more witnesses. § 16-30-4.
Citation: West Virginia Health Care Decisions Act: W. Va. Code Ann. §§ 16-30-1 to 16-30-24
Last Updated: 4/29/2008
Wisconsin Healthcare Laws
An adult may, by advance directive, designate his or her same-sex partner as having the authority to make medical decisions on their behalf. An advance directive must be in writing, dated and signed by the principal or by an individual who has attained age 18, at the express direction and in the presence of the principal and signed in the presence of two witnesses. § 155.10. An adult may also designate those individuals which they grant access to visit them in the hospital. § 146.95.
Citation: Powers of Attorney for Health Care: Wis. Stat. §§ 155.01 to 155.80 and Miscellaneous Health Provisions; Patient Visitation: Wis. Stat. § 146.95
Last Updated: 4/29/2008
Wyoming Healthcare Laws
Under Wyoming law, a partner may make medical decisions for an incapacitated same-sex partner as someone who "has exhibited special care and concern for the patient, is familiar with the patient's personal values; and is reasonably available to act as a surrogate". However, several others (spouse, adult children, parents, adult siblings, grandparent, grandchildren) have priority ahead of the same-sex partner, § 35-22-406.
An adult may designate his or her same-sex partner as having the authority to make medical decisions on their behalf through a power of attorney. The power must be in writing and signed by the principal or by another person in the principal's presence and at the principal's expressed direction. It should be either notarized or witnessed by two individuals. § 35-22-403.
Citation: Wyoming Health Care Decisions Act: Wyo. Stat. Ann. §§ 35-22-401 to 35-22-416.
Last Updated: 4/28/2008
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