US · guidance
CMS SOM App. B, Tag G424
§484.50(b) Standard: Exercise of rights
(1) If a patient has been adjudged to lack legal capacity to make health care
decisions as established by state law by a court of proper jurisdiction, the rights of
the patient may be exercised by the person appointed by the state court to act on the
patient’s behalf.
(2) If a state court has not adjudged a patient to lack legal capacity to make health
care decisions as defined by state law, the patient’s representative may exercise the
patient’s rights.
(3)
If a patient has been adjudged to lack legal capacity to make health care
decisions under state law by a court of proper jurisdiction, the patient may exercise
his or her rights to the extent allowed by court order.
Interpretive Guidelines §484.50(b)
The HHA should obtain official documentation of: (1) any adjudication by a court that
indicates that a patient lacks the legal capacity to make his or her own health care
decisions; and (2) the name of any person identified by the court who may exercise the
patient’s rights.
History
Rev. 219; Issued: 04-12-24; Effective: 04-12-24; Implementation: 04-12-24
Provenance
- Source
- cms.gov
- Retrieved
- 2026-07-22
- Edition
- som-2026-07-22
- Content hash
08fb58bc59b99534aa865003bead051ab4035ae9780d7340c7a819ae7ca08f84
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