Full question:
Does Kansas law have a family agency act that allows a family member to sign a surgical consent form for a family member who does not have the capacity to sign on his or her on behalf? Is a Durable Power of Attorney necessary?
- Category: Power of Attorney
- Subcategory: Medical Treatment Act
- Date:
- State: Kansas
Answer:
Without a living will or similar such health care directive, a hospital will follow its policy in such a situation. The following is an example of a Kansas hospital’s regulation in such a situation:
“No care or treatment shall be rendered to any patient in the Hospital, its Special Units, or its Emergency Department without a written consent signed by the patient. In those situations in which the patient’s life is in jeopardy and suitable signatures cannot be obtained, the Member proposing to render care or treatment to the patient shall follow the Hospital’s Policies and Procedures and the Hospital’s Ethics Handbook in either proceeding with treatment or obtaining consent from the appropriate surrogate decision maker or in obtaining administrative consent before proceeding with treatment. Written consents obtained more than thirty (30) days prior to the initiation of care or treatment will not be valid.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
