Posted on June 10, 2019 at 4:30 AM
I have argued (including here and here) that clinicians have a duty to replace healthcare surrogates who do not act in accordance with the patient’s wishes or best interests. Unfortunately, clinicians often cave-in to unfaithful surrogates.
Happily, sometimes another family member moves to replace the surrogate. In a recent Pennsylvania case, the alternate healthcare agent obtained a court order removing his brother as agent for their mother.
The original agent was so difficult for the clinicians to work with that the court determined that he was “not acting in Mother’s best interest with regard to her medical care.”