State law tells us who will decide for you if you don't make a choice. If you don't have a healthcare agent or a legally appointed guardian with the authority to make your healthcare decisions, we will turn to the following people, in this order:
North Carolina
If you do not have a healthcare agent or guardian and you are not able to make your medical decisions, then these are the people - in the order listed - who have the legal right to make decisions for you:
- Your husband or wife (even if you are legally separated); or
- A majority of your reasonably available parents and children who are at least 18 years old; or
- A majority of your reasonably available brothers and sisters who are at least 18 years old; or
- An individual who has an established relationship with you, is willing to act on your behalf and can reliably convey your wishes.
If none of those persons is reasonably available, then your doctor may provide treatment without your consent as long as another doctor agrees that you need the treatment.
South Carolina
If you do not have a healthcare agent or guardian and you are not able to make your own medical decisions, then these are the people - in the order listed - who have the legal right to make decisions for you:
- Your husband or wife (unless you are formally separated); or
- Your parent or adult child; or
- Any of your adult brothers, sisters, grandparents or grandchildren; or
- Any other relative by blood or marriage who is reasonably believed to have a close personal relationship with you.
Any of the individuals listed above will not have priority over others if your healthcare provider had actual knowledge that you did not want that person involved in decisions concerning your care.
Virginia
If you do not have a healthcare agent or guardian and you are not able to make your own medical decisions, then these are the people - in the order listed - who have the legal right to make decisions for you:
- Your husband or wife (but not if a divorce action has been filed); or
- Your adult child; or
- Your parent; or
- Your adult brother or sister; or
- Any other relative in descending order of blood relationship; or
- Any adult who: a) is not a director, employee or adult of the healthcare family where you are being treated; b) has exhibited special care and concern for you; and c) is familiar with your religious beliefs, basic values and preferences previously expressed by you. *This person cannot give consent to withhold or withdraw a life-prolonging procedure and two physicians must decide whether an adult meets these criteria.