1. STANDARDS FOR SURROGATE DECISION MAKING
SUBSTITUTED JUDGMENT
BEST INTEREST

2. STANDARDS FOR SURROGATE DECISION MAKING SUBSTITUTED JUDGMENT
SURROGATE ATTEMPTS TO REPLICATE FAITHFULLY THE DECISION THAT THE INCAPACITATED PERSON WOULD MAKE IF HE/SHE WERE ABLE TO MAKE A CHOICE
SURROGATE LOOKS AT THE DECISION THROUGH THE “VALUE EYES” OF THE INCAPACITATED PERSON
GROUNDED IN THE PRINCIPLE OF AUTONOMY
BASED UPON
DIRECT STATEMENTS BY PATIENT
INFERENCES FROM VALUE CHOICES OF PATIENT
SUBSTITUTED JUDGMENT STANDARD IS PREFERABLE BUT BEST INTEREST STANDARD IS PERMITTED AND OFTEN NECESSARY

3. STANDARDS FOR SURROGATE DECISION MAKING BEST INTERESTS
SURROGATE MAKES THE DECISION, FROM AN OBJECTIVE STANDPOINT, WHICH APPEARS TO PROMOTE A PATIENT’S GOOD WITHOUT REFERENCE TO THE INCAPACITATED PATIENT’S ACTUAL OR SUPPOSED PREFERENCES
WEIGHING BENEFITS AND BURDENS FROM THE STANDPOINT OF A “REASONABLE” PERSON LOOKING AT THE CLINICAL OUTCOMES
“REASONABLE” = SELF-REFLECTIVE, RELATIVELY UNBIASED, ATTEMPTING FACT-BASED OBJECTIVITY, SETTING ASIDE SELF-INTEREST
GROUNDED IN THE PRINCIPLE OF BENEFICENCE