Keeping Surrogate Decision Makers out of the Court: A Proposed Amendment to Texas Health and Safety Code Sections 313.004 & 166.039

The author addresses proposed legislative changes aimed at reducing judicial involvement in medical decision-making for incapacitated patients. The article examines the current legal framework under these sections and the frequent need for court intervention when surrogate decision-makers are contested. It argues that the proposed amendments could streamline the process by clarifying the authority and responsibilities of surrogates, thereby minimizing unnecessary litigation. The analysis highlights potential benefits such as reduced legal costs and improved efficiency in patient care. The article concludes with recommendations for enhancing the amendment to better balance the interests of patients, families, and healthcare providers.