How does a health care power of attorney work if the court appoints a guardian?
If there is a conflict between your living will and your health care power of attorney, your living will controls. If you don’t have a living will, and you have a health care power of attorney that defines a procedure for terminating life support systems, your health care agent may exercise his or her decision-making authority upon the direction and under the supervision of your attending physician. If you do not have a living will and your health care power of attorney does not define a procedure for terminating life support, then the procedure provided by law would apply.
Related Questions
- If the beneficiary has appointed an Attorney-In-Fact under a Power of Attorney, or had a Guardian/Conservator appointed by a court of competent jurisdiction, do I need to submit proof?
- Can family members make health care decisions if there is no agent appointed through a health care power of attorney or a court-appointed guardian?
- How does a health care power of attorney work if the court appoints a guardian?
