Can a Court Revoke your Advance Health Care Directive?

By Jeffrey Marshall

April 29, 2013

Jeffrey Marshall

If you have an advance health care directive, can a court or guardian overrule your instructions after you become incapacitated? That question was explored recently in a Pennsylvania appeals court case, In Re Border, 2013 PA Super 94 (PA Superior Court, April 23, 2013).

Russell Border was a 62 year old resident of the Golden Living Nursing facility in Berks County Pennsylvania. In 2007 Mr. Border had signed a health care power of attorney and living will which gave instructions for his end of life care and named his daughter Renee as his chosen health care agent.

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