Tex.
Health & Safety Code Section 597.041
Surrogate Decision-makers
(a)
If the results of an assessment conducted in accordance with Section 597.021 (Icf-iid Assessment of Client’s Capacity to Consent to Treatment) indicate that an adult client who does not have a legal guardian or a client under 18 years of age who has no parent, legal guardian, or managing or possessory conservator lacks the capacity to make a major medical or dental treatment decision, an adult surrogate from the following list, in order of descending preference, who has decision-making capacity and who is willing to consent on behalf of the client may consent to major medical or dental treatment on behalf of the client:(1)
an actively involved spouse;(2)
an actively involved adult child who has the waiver and consent of all other actively involved adult children of the client to act as the sole decision-maker;(3)
an actively involved parent or stepparent;(4)
an actively involved adult sibling who has the waiver and consent of all other actively involved adult siblings of the client to act as the sole decision-maker; and(5)
any other actively involved adult relative who has the waiver and consent of all other actively involved adult relatives of the client to act as the sole decision-maker.(b)
Any person who consents on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.(c)
Consent given by the surrogate decision-maker is valid and competent to the same extent as if the client had the capacity to consent and had consented.(d)
Any dispute as to the right of a party to act as a surrogate decision-maker may be resolved only by a court of record under Title 3, Estates Code.
Source:
Section 597.041 — Surrogate Decision-makers, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.597.htm#597.041 (accessed Jun. 5, 2024).
