US Legal Forms
Legal Resources
Questions & Answers
Healthcare
How does a health surrogate resign and appoint another person?

How does a health surrogate resign and appoint another person?

Full question:

How does a health surrogate resign and appoint another person?

Category: Healthcare
Date: 04/07/2025
State: Arizona

Answer:

You can resign as agent but the person appointing you would want to appoint someone else if competent. If not competent then a Court action would be required to appoint a conservator or guardian.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is a surrogate the same as a health care proxy?

No, a surrogate and a health care proxy are not the same. A health care proxy is a specific legal document that designates an individual to make medical decisions on behalf of another person. A surrogate, on the other hand, is typically someone who makes decisions for a patient when they are unable to do so, but may not have been formally appointed through a legal document. The terms can sometimes overlap, but they have distinct legal implications.

What is the difference between a healthcare proxy and a surrogate?

The main difference is that a healthcare proxy is a legally appointed individual authorized to make medical decisions for someone else, typically through a written document. A surrogate, however, may be a family member or friend who makes decisions when no formal proxy is designated. Surrogates act based on the patient's wishes or best interests when the patient is incapacitated.

Can a healthcare surrogate override a living will?

No, a healthcare surrogate cannot override a living will. A living will outlines a person's wishes regarding medical treatment in specific situations. The surrogate must follow these instructions unless the patient’s condition changes and the surrogate believes the patient would have made a different choice. In such cases, the surrogate must act in the patient's best interest.

Who is appointed as a surrogate decision-maker?

A surrogate decision-maker is typically appointed by the patient or determined by state law when the patient is unable to make their own medical decisions. This could be a spouse, adult child, or another close relative. If no one is appointed, healthcare providers may follow a hierarchy of relationships defined by law to identify a suitable surrogate.

How do I revoke my health care surrogate?

To revoke a health care surrogate, you must notify the surrogate in writing and inform your healthcare provider. You can also create a new health care proxy document that explicitly revokes the previous one. It's important to ensure that your wishes are clearly communicated to avoid any confusion about your medical decision-making authority.

How much power does a healthcare proxy have?

A healthcare proxy has the authority to make medical decisions on behalf of the person who appointed them, as outlined in the health care proxy document. This includes decisions about treatments, procedures, and end-of-life care. However, their power is limited to the scope defined in the document and must align with the patient's wishes and best interests.