Who can and can’t be a Substitute Decision Maker

An Advance Care Directive can appoint a person who is willing, available and capable of taking the responsibility to be a Substitute Decision Maker.

A Substitute Decision Maker can be:

–       Power of Attorney

–       Spouse or Partner in a legalized relationship

–       Parent or Child

–       Siblings

–       Other relatives

If a patient does not have a Power of Attorney for Personal Care or an appropriate family member, a guardian can be appointed by the court as a SDM.

Certain persons cannot be appointed or act as Substitute Decision-Makers:

–       a person who is not competent

–       a health practitioner who is responsible (whether solely or with others) for the health care of the person giving the advance care directive

–       a paid carer of the person giving the advance care directive.

Who can or can not be a substitute decision maker
Share on facebook
Share on linkedin

Related Articles

Probate, Will, Living Trust, Estate Planning

How to avoid probate?

It is possible to avoid probate entirely. In this article, discover some common approaches often carried out to enable asset distribution without probate process.

Trust, Will, Differences between trust and will

The differences between a Will and a Trust

“Will” and “Trust” are familiar terms in estate planning. Though they both can contribute to perfect an estate plan, these two devices are not alike in many different ways.
The first as well as the most important difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it.

What is Probate? Processing of transferring property

What is Probate?

Probate is the process of transferring property legal title from the decreased person to their heirs or beneficiaries

Follow us

Let Our Experience Be Your Guide 

Get Your First Consultation Now

Legal Insight

Subscribe to our newsletter

Save time

Book Appointment

Whether you want to book an appointment or get enquire, just go from here.


Go online and self-book to join your appointment by remote video or phone call.

We can help

Scroll to Top

Request a call back now