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:
In Kansas, if a patient cannot sign a surgical consent form due to lack of capacity, hospitals typically follow their policies regarding consent. For instance, a hospital may state: "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 emergencies where the patient’s life is at risk and signatures cannot be obtained, the healthcare provider must adhere to the hospital’s Policies and Procedures and Ethics Handbook to either proceed with treatment or obtain consent from an appropriate surrogate decision maker or seek administrative consent. Written consents obtained more than thirty days before treatment will not be valid." Thus, a Durable Power of Attorney may not be necessary, but having a living will or healthcare directive is beneficial.
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.