Q: Can a friend make end of life decisions without any signed documents. when next of kin is present
A: It depends on the situation. There are an infinite number of scenarios.
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A:
In California, if a person has not appointed a healthcare agent or completed an Advance Health Care Directive, the law does not allow a friend to make end-of-life decisions when a next of kin is present. California law specifies a hierarchy of decision-makers for healthcare decisions, prioritizing family members over friends.
According to California Probate Code Section 4716, the order of priority for healthcare decision-makers is:
1. A court-appointed conservator or guardian, if one exists
2. The patient's spouse or domestic partner
3. The patient's adult children
4. The patient's parents
5. The patient's adult siblings
6. The patient's adult grandchildren
7. The patient's close friends
A friend can only make decisions if no family members are available or willing to make decisions. If a next of kin, such as a spouse, adult child, or parent, is present and willing to make decisions, they have priority over a friend.
To ensure that a specific person, whether a family member or friend, has the authority to make end-of-life decisions, it is crucial for individuals to complete an Advance Health Care Directive or appoint a healthcare agent through a valid legal document.
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