What if I couldn't give informed consent for purposes of medical treatment?
In the event of an illness or accident, a person may be in a physical or mental state which prevents him or her from being able to give informed consent, that is, to understand information or making decisions based on the information provided. In such medical emergencies, unless you have a health care agent or attorney-in-fact for health care decisions who is available to provide medical professionals informed consent in your place, medical professionals may proceed without first obtaining informed consent. You can designate a health care agent or attorney-in-fact for health care in advance (i.e., before anything happens to you) to make health care decisions for you in the event you cannot make them for yourself. These documents are typically called health care directives or living wills. The document you use to designate a health care agent is typically called a durable power of attorney for health care. An estate planning attorney in your area can help you prepare these documents, or you can find books, form kits, or software in many bookstores on online that will help you prepare them yourself.
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