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→What kind of decisions can the temporary substitute decision-maker (TSDM) make?
The TSDM must consult with you if possible. If that’s not possible, the TSDM can rely on what they know or reasonably believe you would have wanted when you were capable. Then they must follow your wishes and beliefs to make health care decisions in your best interest. You should let your family know now what decisions you would like if you can no longer decide for yourself.
The TSDM can make decisions about any kind of health care, except controversial or irreversible treatments such as organ transplants and experimental surgery. Section 5 of the Health Care Consent Regulation (available at [http://www.bclaws.cawww.bclaws.ca]) says a TSDM cannot consent to those types of health care.
Section 18(2) of the Act allows the TSDM to say no to life-saving treatment if you’re terminally ill or critically injured and your doctor will follow their decision. But the doctor may challenge the TSDM if their decision is medically inappropriate and there’s no evidence that their decision reflects your wishes and is in your best interests.