No. Until and unless your mother is declared incompetent by a court in a guardianship or conservatorship proceeding she has the right to make her own decisions. Further, in my state of Massachusetts, a health care proxy is not operative until a physician has certified that the individual does not have capacity to make medical decisions for themself. That may or may not be the case in your state.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
