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Surrogate decision makers are used when patients lack decision-making capacity, often due to incompetence as determined by courts, leading to the appointment of a legal guardian. The hierarchy of surrogate decision makers follows a specific order, which varies by state law, but there is a generally accepted approach for USMLE and COMLEX exams. Understanding this hierarchy is crucial, as these exams typically do not require knowledge of specific state laws. The video will outline this hierarchy for enabling patient decision-making and explain the procedures for when patients are unable to make their own decisions.