If a person found to lack decision making capacity who makes the decision
If an advanced directive document (e.g., living will, health care power of attorney, physician orders for life-sustaining treatment, legal guardian, etc.) outlining the patient’s wishes for care and/or selection of surrogate decision maker is not available, then the duty of surrogate decision maker generally defaults to the next of kin in a hierarchy that varies somewhat by state but typically has the patient’s spouse at the top followed by adult children, then parents, then siblings and other family members.
