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Question:

How can you remove a person name from being a health care agent when they are a drug addicted and are suspected of having abused the person who made the appointment in her health care proxy?

Response:

If the person who executed the health care proxy is competent, she can always revoke it. But if she’s not able to do so, then you would have to go to court to seek the appointment of a guardian or conservator for her. (Different states use different terms.) Once appointed, this individual could then revoke the health care proxy. If the agent contests the guardianship or the appointment of someone else, this can become an expensive, long-term court proceeding.

An approach that could avoid your having to take on this burden and expense would be to report the situation to elder protective services in your state or county. They could investigate and take whatever protective measures they deem appropriate to protect the individual subject to abuse.

It’s possible that your state has an alternative procedure for removing a health care agent, but you would have to check with a local attorney or probate court to see what remedies might be available.

Related Articles:

Can You Remove an Agent Under a Health Care Proxy?

Do I Need to Update My Health Care Proxy if My Agent Moves?

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