Posted on July 17, 2020 at 1:58 PM
Health care agents must act consistent with the incapacitated patient’s known wishes. If those are unknown, they must act within the patient’s best interests. When they materially deviate from these duties, agents (like other types of surrogates) can and should be replaced.
That is what happened In the Matter of Rachel Z in New York. Jack Z. convinced the court to fire his sister Anna B because she was not acting in their mother’s best interests.