HEALTH AND SAFETY
CHAPTER 45
THE MEDICAL CONSENT AND NATURAL DEATH ACT
39-4504.Persons who may give consent to care for others. (1) Consent for the
furnishing of hospital, medical, dental or surgical care, treatment
or procedures to any person who is not then capable of giving such
consent as provided in this chapter or who is a minor or incompetent
person, may be given or refused in the order of priority set forth
hereafter unless the patient is a competent person who has refused
to give such consent, and provided further that this subsection shall
not be deemed to authorize any person to override the express refusal
by a competent patient to give such consent himself:
(a) The
legal guardian of such person;
(b) The
person named in a "Living Will and Durable Power of Attorney
for Health Care" pursuant to section 39-4510, Idaho
Code, or a similar document authorized by this chapter; (c) If married,
the spouse of such person;
(d) A parent
of such person;
(e) Any
relative representing himself or herself to be an appropriate, responsible
person to act under the circumstances;
(f) Any
other competent individual representing himself or herself to be responsible
for the health care of such person; or
(g) If the
subject person presents a medical emergency or there is a substantial
likelihood of his or her life or health being seriously endangered
by withholding or delay in the rendering of such hospital, medical,
dental or surgical care to such patient and the subject person has
not communicated and is unable to communicate his or her treatment
wishes, the attending physician or dentist may, in his or her discretion,
authorize and/or provide such care, treatment or procedure as he or
she deems appropriate, and all persons, agencies and institutions
thereafter furnishing the same, including such physician or dentist,
may proceed as if informed, valid consent therefor had been otherwise
duly given.
(2) No person
who, in good faith, gives consent or authorization for the provision
of hospital, medical, dental or surgical care, treatment or procedures
to another as provided by this chapter shall be subject to civil liability
therefor.
(3) No health
care provider who, in good faith, obtains consent from a person pursuant
to either section 39-4503 or 39-4504(1), Idaho
Code, shall be subject to civil liability therefor. 
Idaho Statutes