If a resident lacks decision-making capacity, who must provide consent for care under state law?

• A. The resident themselves
• B. Staff members at random
• C. A legally authorized representative such as the durable power of attorney for health care or court-appointed guardian
• D. The resident's family members without legal authorities

Answer: (C)

When someone cannot understand or decide about their medical care, the responsibility to give consent falls to a legally authorized representative. This is typically the durable power of attorney for health care or a court-appointed guardian. These individuals are designated by law to make medical decisions in line with the resident’s wishes and best interests. Family members without this legal designation don’t have automatic authority, and staff cannot make the decision on their own. In urgent situations, care may be provided to prevent harm while awaiting designation, but a legally authorized surrogate should be involved as soon as possible.