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The volitional approach to surrogate decision making.

Pierce Randall1, Nada Gligorov2

  • 1Alden March Bioethics Institute, Albany Medical College, 47 New Scotland Ave., Albany, NY, 12210, USA. randalp1@amc.edu.

Theoretical Medicine and Bioethics
|June 25, 2025
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Summary

When patients lose decision-making capacity, surrogate decision-makers must interpret their wishes. The volitional principle offers the most reliable method for determining patient preferences for medical treatment.

Keywords:
Advance directivesHypothetical consentSubstituted judgmentSurrogate decision-makingTheory of mind

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Area of Science:

  • Medical Ethics
  • Bioethics
  • Healthcare Decision-Making

Background:

  • Medical decisions for incapacitated patients rely on advance directives or surrogate decision-making.
  • Patient wishes are often unclear, vague, or inconsistent, complicating surrogate decisions.
  • Existing interpretative principles may fail to accurately capture patient autonomy.

Purpose of the Study:

  • To propose interpretative principles for surrogate decision-making when patient wishes are unclear.
  • To advocate for the volitional principle as the most effective method for respecting patient autonomy.
  • To enhance the reliability of medical decisions for incapacitated patients.

Main Methods:

  • Identification and analysis of three interpretative principles: value-substitution, value-coherence, and volitional.
  • Argumentation for the superiority of the volitional principle in capturing patient intent.
  • Examination of how the volitional principle supports patient sovereignty.

Main Results:

  • The volitional principle is identified as the most reliable interpretative approach.
  • This principle guides surrogates to align decisions with previously expressed patient wishes.
  • It avoids imposing surrogate values or seeking coherence with unrelated patient values.

Conclusions:

  • The volitional principle best supports patient sovereignty when decisional capacity is lost.
  • Surrogates should prioritize the volitional principle to honor previously expressed patient wishes.
  • This approach ensures medical decisions reflect the patient's likely choices, respecting their autonomy.