Sec. 166.087. PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION. (a) This section applies when a person 18 years of age or older has executed or issued an out-of-hospital DNR order and subsequently becomes incompetent or otherwise mentally or physically incapable of communication. (b) If the adult person has designated a person to make a treatment decision as authorized by Section 166.032 (c), the attending physician and the designated person shall comply with the out-of-hospital DNR order. (c) If the adult person has not designated a person to make a treatment decision as authorized by Section 166.032 (c), the attending physician shall comply with the out-of-hospital DNR order unless the physician believes that the order does not reflect the person's present desire.
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