§ 7306. Resident’s representative

(a) Except as provided in subsection (b) of this section, the rights and obligations established under this chapter shall devolve to a resident’s guardian, next of kin, sponsoring agency, or representative payee (except when the facility itself is a representative payee) if the resident:

(1) has been adjudicated incompetent;

(2) has been found by his or her physician to be medically incapable of understanding or exercising the rights granted under this chapter; or

(3) exhibits a communication barrier.

(b) Notwithstanding the provisions of subsection (a) of this section, consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment shall be provided or withheld only by the resident, by the resident’s guardian or agent, or by a surrogate designated pursuant to 18 Vt. Stat. Ann. chapter 231, subchapter 2.

(c)(1) A resident’s representative identified in subsections (a) and (b) of this section shall make decisions for the resident by attempting to determine what the resident would have wanted under the circumstances. In making the determination, the resident’s representative shall consider the following:

(A) the resident’s specific instructions or wishes as expressed to a spouse, adult child, parent, adult sibling, adult grandchild, clergy person, health care provider, or any other adult who has exhibited specific care or concern for the resident; and

(B) the representative’s knowledge of the resident’s personal preferences, values, or religious or moral beliefs.

(2) If the resident’s representative cannot determine what the resident would have wanted under the circumstances, the representative shall make a determination through an assessment of the resident’s best interests. When making a decision for the resident on this basis, the representative shall not authorize the provision or withholding of health care on the basis of the resident’s economic status or a preexisting, long-term mental or physical disability.

(3) When making a determination under this section, representatives shall not consider their own interests, wishes, values, or beliefs.

(d) Notwithstanding the provisions of subsection (a) of this section, the facility shall make every reasonable effort to communicate the rights and obligations established under this chapter directly to the resident. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 5; 1999, No. 91 (Adj. Sess.), § 37; 2013, No. 131 (Adj. Sess.), § 93, eff. May 20, 2014; 2015, No. 23, § 50; 2015, No. 136 (Adj. Sess.), § 2, eff. Jan. 1, 2018.)