Decision-Making by Surrogates in Incarcerated Populations' Healthcare - Takeaways - MDSpire

Decision-Making by Surrogates in Incarcerated Populations' Healthcare

  • By

  • Anurima Chattopadhyay

  • Daniel Karel

  • David Wendler

  • April 20, 2026

  • 0 min

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  • 1

    Approximately 180,000 incarcerated individuals in the US are over 55, increasing the need for surrogate decision-makers due to medical incapacity.

  • 2

    Laws in 44 states mandate patient-designated surrogates, yet correctional officials often make medical decisions for incarcerated patients.

  • 3

    Fewer than 1% of incarcerated individuals have advance directives, limiting their ability to designate surrogates compared to 36% of non-incarcerated patients.

  • 4

    Correctional officials' coercive relationships with incarcerated individuals undermine their effectiveness as surrogate decision-makers.

  • 5

    Surrogates should prioritize patients' preferences and values, but correctional officials may face conflicts of interest that compromise this goal.

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