A resident with decision-making capacity can exercise their right to refuse medical care and treatment and leave against medical advice. Healthcare providers have a responsibility to assess decision-making capacity and support a safe discharge planning process. “Federal law requires a nursing home to assess the home care that the resident will be discharged into to ensure that the environment is safe and not risk a deterioration of the resident’s quality of life.”
Source – Ask An Attorney. By David H. Fitch, Esq., Underberg & Kessler LLPhttp://underbergkessler.com/sites/default/files/article_docs/Resident%20Discharge%20Against%20Medical%20Advice.pdf

North Dakota decision-making capacity –

“As a competent adult, you have the right to control decisions about your own health care. You have the right to accept or to refuse any treatment, service, or procedure used to diagnose, treat, or care for your physical or mental condition.You have the right to make your own health care decisions as long as you have the ability to:

1. Understand and appreciate the nature and consequences of a health care decision; and
2. Communicate a health care decision.”

Source – https://www.nd.gov/dhs/info/pubs/docs/aging/aging-healthcare-directives-guide.pdf

Minnesota decision-making capacity –
“Decision-making capacity” means the ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision.
Source – https://www.revisor.mn.gov/statutes/?id=145C.0
South Dakota decision-making capacity –
“Every person has the right to make their own health care decisions, but there might come a time when you or a family member is not capable of making those decisions. Durable powers of attorney for health care and living wills can help plan ahead for these times. In the absence of these tools, South Dakota law authorizes others to make health care decisions for those unable to make their own.
By law a person is incapable of giving informed consent if:

  • A guardian has been appointed for the person;

  • The court has determined the person to be legally incompetent;

  • It has been determined in good faith by the person’s attending physician.”

Source – Health Care Consent, http://atg.sd.gov/victim/seniors/healthcareconsent.aspx

No power of attorney or appointed guardian –http://www.sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-12C-3