50-5-1311 . Hierarchy of decisionmaker selection. When a decisionmaker is needed for a patient who lacks decisional capacity as determined under 50-5-1302 , the decisionmaker must be selected from the following available individuals in the order listed: (1) a guardian appointed by the patient under 72-5-316 who has medical decisionmaking authority; (2) an agent appointed by the patient in a medical durable power of attorney or an individual designated by the patient in an advance medical directive; (3) a spouse of the patient; (4) an adult child of the patient; (5) a parent of the patient; (6) a sibling of the patient; (7) a trusted decisionmaker designated under 50-5-1310 ; (8) a close friend of the patient who has a deep understanding of the patient's wishes; and (9) any other proxy appointed under Title 50, chapter 5, part 13.
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