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dnajaras Asked September 18, 2023

Court removing health care proxy or overruling health care proxy's decision. Any feedback.

Has anyone ever heard of a court removing the health care proxy or overruling the health care proxy's decision? Massachusetts seems to have some type of law allowing them to do this. Do other states have such laws?


 


Health care proxy seems to be more a legal thing and more about signatures than advocating for the person you care about even if this means disagreeing with the health care team.

BarbBrooklyn Sep 19, 2023
Are you worried about your refusal to sign the "blanket consent" the other day?

JoAnn29 Sep 19, 2023
A Medical proxy is suppose to make decisions based on what the principle has put down on paperwork. I would hope that a MP would take info given and take quality of life into consideration.

Really need more info on what is going on.

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Geaton777 Sep 19, 2023
Well, if there's a guardianship issue the courts can change who the proxy is. But not sure about any other circumstances. The court can't remove a legal proxy without replacing it with another legal representative.

Overruling the legal proxy's decision is a separate issue. Did the principal have a Advanced Healthcare Directive and their proxy didn't honor the wishes?

https://www.mass.gov/info-details/massachusetts-law-about-health-care-proxies-and-living-wills

AlvaDeer Sep 18, 2023
Can you be more specific??
I have heard of such things in instances when a patient's forms and proxy forbid say a transfusion (often for religious reasons) that would be life saving. I have also heard of it when a family goes to war over whether to administer tube feedings or peg tube feedings, which are apparently no longer called "heroic measures". In the later instance, if you do not wish to have these you should write that SPECIFICALLY into your advance directive.

Would be interested in hearing of this case where a court overruled a written advance directive and health care proxy's decision.

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