Question:

How can I get my sister removed as my mom’s health care agent under her health care proxy?

Photo by Alex Harvey on Unsplash

Response:

That’s difficult because the presumption is that your mother chose who she wanted to serve in this role and her wish should be honored. However, if the reason for removal is that your sister is also incapacitated and the health care proxy names an alternate, you may be able to invoke the provision in the document providing for a successor by having a physician certify to your sister’s incapacity.

If, on the other hand, your sister is still competent, but you believe she’s unfit to serve in her role, you have a bigger challenge. Probably, the only viable route would be to go to court to be appointed guardian. The presumption would be that the person your mother chose to make health care decisions should maintain her role, but with sufficient evidence presented that your sister is unfit for this role, you can overcome that presumption. Unfortunately, this may be a drawn out and costly battle.

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How Do I Use My Mother’s Durable Power of Attorney?

How Do I Use my Father’s Durable Power of Attorney to Access his On-Line Accounts?

Should You Use an On-Line Power of Attorney Form? Yes and No

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