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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
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