The bill aims to enhance medical decision-making processes for incapacitated individuals by amending existing laws and introducing a new chapter on surrogate decision-making. It modifies Section 5 of Chapter 201D of the General Laws to allow a designated agent to continue making decisions for up to six months after the principal's death, provided there is express permission from the principal. Additionally, the bill establishes Chapter 201G, which defines key terms such as "attending physician," "capacity to make health care decisions," and "incapacitated person." It outlines the process for appointing a surrogate decision maker, including criteria for selection, the authority of the surrogate, and the rights of health care providers to rely on decisions made by the surrogate.

The bill also specifies the conditions under which a surrogate decision maker can be designated, the process for challenging such designations, and the legal protections for both the surrogate and health care providers acting on their decisions. It emphasizes that the surrogate's authority is effective only during the treatment episode or for a maximum of 90 days unless the incapacitated person regains decision-making capacity. Importantly, the bill clarifies that it does not apply when an incapacitated person has a valid health care proxy or medical order that governs their treatment.

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