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  1. Who should Decide for the Unrepresented?Andrew Courtwright & Emily Rubin - 2015 - Bioethics 30 (3):173-180.
    Unrepresented patients lack the capacity to make medical decisions for themselves, have no clear documentation of preferences for medical treatment, and have no surrogate decision maker or obvious candidate for that role. There is no consensus about who should serve as the decision maker for these patients, particularly regarding whether to continue or to limit life-sustaining treatment. Several authors have argued that ethics committees should play this role rather than the patient's treating physician, a common current default. We argue that (...)
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  • Legal Briefing: The Unbefriended: Making Healthcare Decisions for Patients Without Surrogates (Part 2).Thaddeus Pope & Tanya Sellers - 2012 - Journal of Clinical Ethics 23 (2):177-192.
    This issue’s “Legal Briefing” column continues coverage of recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the (...)
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