New Hampshire Needs a Default Surrogate Statute

New Hampshire is in the minority of states with no default surrogate statute.  In New Hampshire, as in nearby Vermont and Rhode Island, when individuals lose decision making capacity and have not completed an advance directive, it is unclear exactly who should be making medical treatment decisions for that individual.



Consequently, treatment decisions may need to be made by a court.  But nobody, not even judges, thinks that is a good process.  Fortunately, a bill is now being drafted to implement a priority list of default surrogates.