The same poll found that over 75 percent of all Americans approve of the concept of living wills. These surrogates, who are usually family members in order of kinship, can make some or all health care decisions. Even without such statutes, most doctors and health facilities routinely consult family, as long as there are close family members available and there is no disagreement. However, problems can arise because family members may not know what the patient would want in a given situation. They also may disagree about the best course of action.
Disagreement can easily undermine family consent.
A hospital physician or specialist who does not know you well may become your decision-maker, or a court proceeding may be necessary to resolve a disagreement. In these situations, decisions about your health care may not reflect your wishes or may be made by persons you would not choose. Family members and persons close to you may go through needless agony in making life and death decisions without your guidance. Both federal and state laws govern the use of advance directives. The federal law, the Patient Self-Determination Act, requires health care facilities that receive Medicaid and Medicare funds to inform patients of their rights to execute advance directives.