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If a patient lacks decision-making capacity, who can exercise their rights on their behalf?

  1. Designated surrogate

  2. Designated proxy

  3. Both 1 and 2

  4. No one

The correct answer is: Both 1 and 2

When a patient lacks decision-making capacity, their rights can be exercised by individuals who are recognized to have the authority to make decisions on their behalf. This includes either a designated surrogate or a designated proxy. A designated surrogate is typically a family member or close friend who is empowered to make healthcare decisions when the patient is unable to do so. Similarly, a designated proxy may refer to someone explicitly chosen by the patient through a legal document, such as a durable power of attorney for healthcare, to act on their behalf in medical decisions. Since both individuals — surrogates and proxies — are acknowledged sources of authority for making healthcare decisions for patients who cannot, it's important to recognize that either can represent the patient's wishes and rights in matters of healthcare decisions. This collaborative approach ensures that the patient's preferences and values are considered, even in their absence. Therefore, the answer encompasses both roles, affirming the necessity for proper representation in safeguarding patients' rights when they are unable to advocate for themselves.