What is one form of substitute decision-making for adults with impaired consent?

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The concept of substitute decision-making is particularly relevant in public health law when addressing situations involving adults who are unable to give informed consent due to various forms of impairment. The statutory regime stands out as a structured framework established by law that provides guidelines for making decisions on behalf of individuals who cannot do so themselves.

This regime typically includes appointing a legally authorized representative or decision-maker who can act in the best interest of the person lacking capacity. Such frameworks are essential to ensure that the legal and ethical standards are maintained, protecting the rights of individuals, while also facilitating necessary medical or health care decisions.

Other options in the list, such as parental consent, are typically applicable to minors rather than adults. An Advance Health Directive allows individuals to express their treatment preferences ahead of time but does not address situations where a substitute decision-maker is needed in real time as deemed under a statutory framework. Similarly, a Power of Attorney is a form of authority granted by one individual to another to act on their behalf, but it only takes effect when the principal is capable of making decisions. Thus, the statutory regime, by providing a clear legal structure for decision-making when consent is impaired, is the most appropriate form of substitute decision-making in this context.

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