Legal Question in Elder Law in Massachusetts

Only the grantor of the health care proxy may revoke or amend it, assuming he or she is competent to do so.

If your loved one is in need of guardianship, you may petition the court to appoint another individual as his or her guardian. I would strongly advise that you seek the counsel of an estate planning and elder law attorney before attempting something like this. This could be made more difficult if your loved one had expressed an intention that his or her health care proxy be appointed as guardian if the need should arise.

Please do not hesitate to contact our office if you would like to discuss your situation in greater detail.