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- D J McQuoid-Mason.
- Centre for Socio-Legal Studies, School of Law, University of KwaZulu-Natal, Durban, South Africa. mcquoidm@ukzn.ac.za.
- S. Afr. Med. J. 2023 Sep 4; 113 (9): 202120-21.
AbstractProblems arise when a lawfully appointed surrogate decision-maker wishes to decide on a course of action on behalf of a mentally incompetent patient that is against the patient's best interests. This may arise: (i) where there is no advance directive, and the decision is made by the surrogate decision-maker on religious grounds; (ii) where the medical practitioners are of the opinion that the surrogate decision-maker's decision is not in the best interests of the patient; (iii) where the close relatives of the patient do not agree with the decision by the surrogate decision-maker; and (iv) where the surrogate decision-maker asks the medical practitioners to undertake treatment or a procedure on the patient that is unlawful or unethical. Suggestions are made regarding what doctors should do when faced with each of these situations.
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