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Relation of health care agent to court-appointed guardian and other agents - 20 Pa. Cons. Stat. § 5460

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     § 5460.  Relation of health care agent to court-appointed
                guardian and other agents.
        (a)  Accountability of health care agent.--If a principal who
     has executed a health care power of attorney is later
     adjudicated an incapacitated person and a guardian of the person
     to make health care decisions is appointed by a court, the
     health care agent is accountable to the guardian as well as to
     the principal. The guardian shall have the same power to revoke
     or amend the appointment of a health care agent that the
     principal would have if the principal were not incapacitated but
     may not revoke or amend other instructions in an advance health
     directive absent judicial authorization.
        (b)  Nomination of guardian of person.--In a health care
     power of attorney, a principal may nominate a guardian of the
     person for the principal for consideration by a court if
     incapacity proceedings for the principal's person are thereafter
     commenced. If a court determines that the appointment of a
     guardian is necessary, the court shall appoint a guardian in
     accordance with the principal's most recent nomination except
     for good cause or disqualification.
        (c)  Reasonable expenses.--In fulfilling the health care
     needs for a principal, a health care agent may incur reasonable
     expenses, including the purchase of health care insurance, to
     the extent the expenses are not otherwise covered by insurance
     or other similar benefits. Payment for the expenses or
     reimbursement to the health care agent for the expenses from the
     principal's funds shall be made by either of the following:
            (1)  A guardian of the estate of the principal.
            (2)  An agent acting on behalf of the principal under a
        power of attorney if the agent has the power to disburse the
        funds of the principal.

        Cross References.  Section 5460 is referred to in sections
     5453, 5456 of this title.

Last modified: November 27, 2007