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DPH proposal to let 'voluntary conservators' sign MOLST prompts debate over safeguards and probate limits
Summary
The Department of Public Health presented a draft legislative change to allow 'voluntary conservators' to be defined as legally authorized representatives who can execute MOLST forms. Clinicians, legal advisers and advocates on the advisory council warned about operational and statutory risks and urged DPH to refine language and policies before the session.
The Department of Public Health presented a legislative draft on Feb. 3 that would add "voluntary conservators" to the definition of legally authorized representative for executing medical orders for life‑sustaining treatment (MOLST), prompting an extended discussion about verification, statutory limits and patient protections.
Barbara Cass, senior advisor to the commissioner of the Department of Public Health for Long Term Care, said DPH's proposal grew from an internal review and would explicitly add voluntary conservators to the LAR definition so they could sign a MOLST on behalf of a patient who had designated them. "Our legislative proposed proposal includes adding voluntary conservators to the definition of a legally authorized representative," she said.
Supporters said the change could help patients who have named a trusted conservator but not a separate health care representative; critics said the proposal risks including court‑appointed or…
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