Thursday, August 20, 2026

Unrepresented Patients - Massachusetts Focuses Attention

Few states have efficient processes to make healthcare decisions on behalf of unrepresented patients. But all states have significant numbers of patients who (1) lack decision-making capacity, (2) lack an applicable advance directive, and (3) lack any avalable surrogate decision maker. I have repeatedly addressed this most common issue in clinical ethics.

Furthermore, the problems are exacerbated when the state lacks default surrogates. With fewer authorized surrogates, more patients are unrepresented. Consequently, the challenges of unrepresented patients may hit Massachusetts harder than other states. 

Thankfully, private organizations, state regulators, the state legislature, and the media have been focusing increasing attention on the problem. This is the latest report form the Department of Public Health. 



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