Note: The responses below all emphasize the importance of encouraging all adults ages 18 and older, whether they are healthy or sick, to sign a health care proxy to appoint their health care agent.
Who can sign the MOLST form on a patient’s behalf?
If the patient is 18 years old or older and has capacity to make health care decisions, only the patient can sign his or her own MOLST form.
If the patient is under 18 years old, his or her parent can sign the MOLST form. In a situation of conflict among the patient’s parents, the decision about who can sign the MOLST form will need to involve legal consultation.
If the patient has been declared to lack capacity to make health care decisions, the patient’s appointed health care agent has authority to make medical care decisions and sign the MOLST form on his or her behalf, including signing the MOLST form.
Can a spouse or next of kin or other close family friend (informal or default surrogate) sign the MOLST form, if the patient has lost capacity to make health care decisions?
Informal or default surrogates are not authorized to sign a patient's MOLST form. For questions about a person’s authority to sign the MOLST form on a patient’s behalf, seek legal counsel.
Can a patient’s appointed guardian sign the MOLST form on a patient’s behalf, if the patient has lost capacity to make health care decisions?
Whether the guardian has authority to sign the MOLST form or not depends on the facts and circumstances. A court-appointed guardian who has been specifically granted the authority to sign a MOLST form has the authority to do so. In other situations, consult legal counsel about the extent of the guardian's authority.
If a patient has both an appointed health care agent and a guardian, which person can sign the MOLST form, if the patient has lost capacity to make health care decisions?
The health care agent (not the guardian) is the one with the authority to make medical care decisions on the patient's behalf, including signing the MOLST form, unless the guardianship order expressly provides otherwise.
Who keeps the signed MOLST form?
The person with advanced illness keeps the MOLST form with them, in a place where it is easy to locate (e.g. on the refrigerator, beside the bed, or on the door), and it should be carried with them outside the home. Copies of MOLST forms are also valid and should be given to the person's health care agent and primary care provider