New Hampshire is one of a handful of states that has no default surrogate statute. Therefore, when an incapacitated patient has no available healthcare agent, only through court appointment of a guardian will there be a clearly authorized healthcare substitute decision maker.
Consequently, I was pleased to see the recent introduction of H.B. 1434. Technically, it was pre-introduced. It will be formally introduced on January 8, 2014. The new chapter "specifies a process to establish a surrogate decision-maker when there is no valid advance directive or a guardian."
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