1. Patient – Patient has decision making power when they are able to make their own decisions.
2. DPOAHC (Durable Power of Attorney for Health Care) – When the patient no longer can make their own decisions, the DPOAHC then has decision making power.
3. Next of Kin – When there is no DPOAHC, normally the State law following would be Surrogacy, to identify the surrogate decision maker or next of kin (usually the priority is spouse or domestic partner, adult child, parent, sibling then possibly other relatives). However, Kansas does not have a Surrogacy or next of kin law. It is common practice in healthcare in Kansas though to notify next of kin and follow the typical priority order listed above.
4. Guardian – The exception to items 1-3 is when the patient has been assigned a court ordered guardianship. This means it has been
determined by a court that the patient is unable to make their own decisions. Harry Hynes Hospice will obtain at admission a copy of the guardianship paperwork to confirm who is eligible to sign for hospice consent. The only time a DPOAHC has authority instead of the guardian is when the patient completed a DPOAHC prior to the guardianship becoming effective. If a DPOAHC was assigned prior to the guardianship becoming effective, the DPOAHC remains the decision maker for the patient.
(See reference K.S.A 65-1734)
1. DPOAHC – DPOAHC is authorized only if the notarized document includes verbiage about disposition of the body.
2. Spouse
3. Adult Surviving Children
4. Surviving Parents
5. Next of Kin – Person in the next degree of kinship under laws of descent and inheritance
6. Guardian
7. Personal representative of the decedent
8. Indigents – or any other individual whose final disposition is the responsibility of the state or county, the public official charged with arranging the final disposition. (See reference K.S.A. 22a-215)
9. Executor – When there is no DPOAHC, according to state law, the laws of inheritance are used to determine who inherits the body. The executor has the rights of inheritance by state law.
1. Executor of Estate
2. Spouse
3. Adult Surviving Children – in no specific order
4. Surviving Parents
5. Next of Kin – Person in the next degree of kinship under laws of descent and inheritance
6. Guardian
7. Personal representative of the decedent
8. Indigents – or any other individual whose final disposition is the responsibility of the state or county, the public official charged with arranging the final disposition. (See reference K.S.A. 22a-215)