Idaho Code
Idaho Code § 39-4504 (2026)
Persons who may give consent to care for others.
✓ current as of May 2026
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Persons who may give consent to care for others.
(1) Consent for the furnishing of health care services to any person who is not then capable of giving such consent as provided in this chapter or who is a minor may be given or refused in the order of priority set forth hereafter; provided however, that the surrogate decision-maker shall have sufficient comprehension as required to consent to his or her own health care services pursuant to the provisions of section 39-4503, Idaho Code; and provided further that the surrogate decision-maker shall not have authority to consent to or refuse health care services contrary to such person’s advance care planning document or wishes expressed by such person while the person was capable of consenting to his or her own health care services:
(a) The court-appointed guardian of such person;
(b) The person named in another person’s advance care planning document as the health care agent of such person pursuant to section 39-4510, Idaho Code, or a similar document authorized by this chapter if the conditions in such advance care planning document for authorizing the agent to act have been satisfied;
(c) If married, the spouse of such person;
(d) An adult child of such person;
(e) A parent of such person;
(f) The person named in a delegation of parental authority executed pursuant to section 15-5-104, Idaho Code;
(g) Any relative of such person;
(h) Any other competent individual representing himself or herself to be responsible for the health care of such person; or
(i) If the person presents a medical emergency or there is a substantial likelihood of his or her life or health being seriously endangered by withholding or delay in the rendering of health care services to such person and the person has not communicated and is unable to communicate his or her wishes, the attending health care provider may, in his or her discretion, authorize or provide such health care services, as he or she deems appropriate, and all persons, agencies, and institutions thereafter furnishing the same, including such health care provider, may proceed as if informed valid consent therefor had been otherwise duly given.
(2) No person who, in good faith, gives consent or authorization for the provision of health care services to another person as provided by this chapter shall be subject to civil liability therefor.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1990–2024 · leading case: Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990).
Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990). “05 (2) (1989); Idaho Code § 39-4504 (Supp. 1989); Ind. Code § 16-8-11-14 (g)(2) (1988); Iowa Code § 144A.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “§§ 31-32-4 (2009) (Form, Part Two, ¶(9)), 31-32-9(a)(1); Idaho Code Ann. §§ 39-4504 (2002) (A Living Will, ¶ 4), 39-4505 (2002) (A Durable Power of Attorney for Health Care, ¶ 4); 755 Ill.”
Almerico v. Denney, 378 F. Supp. 3d 920 (D. Idaho 2019). “4 Finally, if an individual (1) does not have an executed version of the Model Form or a document that satisfies the Incorporation Clause and (2) cannot consent to care due to age or health, then the Idaho Code provides that a "surrogate decision maker" may make health care…”
Schriver v. Raptosh, 557 P.3d 398 (Idaho 2024). “The person giving such consent is the “surrogate decision-maker,” defined under section 39-4502(20) as “the person authorized to consent to or refuse health care services for another person as specified in section 39-4504(1), Idaho Code.”
Ingram v. Mouser (D. Idaho 2020). “Plaintiffs argue that pursuant to Idaho Code §39-4504 , Dr. Barton “flouted” state law in conducting the examination without parental consent.”
— Idaho Code § 39-4504(1) — 3 cases
Almerico v. Denney, 378 F. Supp. 3d 920 (D. Idaho 2019). “4 Finally, if an individual (1) does not have an executed version of the Model Form or a document that satisfies the Incorporation Clause and (2) cannot consent to care due to age or health, then the Idaho Code provides that a "surrogate decision maker" may make health care…”
Schriver v. Raptosh, 557 P.3d 398 (Idaho 2024). “The person giving such consent is the “surrogate decision-maker,” defined under section 39-4502(20) as “the person authorized to consent to or refuse health care services for another person as specified in section 39-4504(1), Idaho Code.”
Ingram v. Mouser (D. Idaho 2020). “Plaintiffs argue that pursuant to Idaho Code §39-4504 , Dr. Barton “flouted” state law in conducting the examination without parental consent.”
— Idaho Code § 39-4504(1)(i) — 1 case
Ingram v. Mouser (D. Idaho 2020). “Plaintiffs argue that pursuant to Idaho Code §39-4504 , Dr. Barton “flouted” state law in conducting the examination without parental consent.”
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