THE FOLLOWING STUDY ARTICLE IS INTENDED FOR BASIC AWARENESS AND NOT FOR LEGAL ADVICE.   IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.

AN AGENT UNDER A POWER OF ATTORNEY HAS A DUTY TO UNDERSTAND THE HEALTH CARE RIGHTS AND THE ACCEPTABLE HEALTH CARE ALTERNATIVES CONCERNING THE HEALTH CARE ASSISTANCE REQUIRED BY THE PRINCIPAL,  INCLUDING THE  LEAST RESTRICTIVE ALTERNATIVES APPROPRIATE TO THE BEST INTERESTS OF THE PRINCIPAL .

An Agent shall gather information on the principal’s acceptable health care alternatives concerning assistance. An Agent must understand the types of health care assistance required by the Principal and understand why no less restrictive health care alternatives would be appropriate, while asserting the rights and best interests of the incapacitated person. 

An…. agent shall gather information on the principal’s prognosis and acceptable …. alternatives ….see 20 Pa C.S 5456 (c)(1). Health Care Decisions. Authority of Health Care Agent;

After consultation with …. providers and consideration of the information obtained above, the …agent shall make …. decisions……  see 20 Pa C.S 5456 ( c )(4). Authority of Health Care Agent; Health Care Decisions

Also, as an analog to a guardian’s duty, a guardian must present evidence …..regarding the types of assistance required by the person and as to why no less restrictive alternatives would be appropriate;..see 20 Pa C.S § 5518 Evidence of incapacity.

It shall be the duty of the guardian of the person to assert the rights and best interests of the incapacitated person. see § 5521. Provisions concerning powers, duties and liabilities.(a) Duty of guardian of the person.–

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