What happens if my attorney for personal care is no longer willing or able to act?

If your attorney for personal care is unable or unwilling to act — whether due to their own illness, death, a conflict of interest, or simply because they feel unable to handle the role — the authority under your power of attorney for personal care may lapse unless you have named a substitute attorney.

A substitute attorney (sometimes called an alternate attorney) is someone you name in the document to step in if your primary attorney cannot act. If you named a substitute, that person's authority activates automatically when the primary attorney is unable to continue. This is why naming a substitute is strongly recommended — it is a practical backup plan that avoids leaving a gap.

If you have no substitute named and your attorney is unavailable, the substitute decision-maker hierarchy under the Health Care Consent Act applies: starting from a court-appointed guardian of the person, then your spouse, and down through the family hierarchy. The hierarchy brings in whoever is next available and willing from the legislated list.

An attorney who decides to stop acting should do so in writing — simply walking away from the role without notification can create confusion and risk harm if health care decisions are pending. An attorney who is struggling with the demands of the role should speak with the health care team, the grantor's lawyer, or seek their own legal advice about how to transition out responsibly.