Title 31, Chapter 36, Section 6
( 31-36-6)
(a) Every health care agency may be revoked by the principal at any
time, without regard to the principal's mental or physical
condition, by any of the following methods: (1) By being obliterated, burned, torn, or otherwise destroyed or
defaced in a manner indicating an intention to revoke; (2) By a written revocation of the agency signed and dated by the
principal or by a person acting at the direction of the principal;
or (3) By an oral or any other expression of the intent to revoke the
agency in the presence of a witness 18 years of age or older who,
within 30 days of the expression of such intent, signs and dates a
writing confirming that such expression of intent was made. (b) Unless the health care agency expressly provides otherwise, if,
after executing a health care agency, the principal marries, such
marriage shall revoke the designation of a person other than the
principal's spouse as the principal's agent to make health care
decisions for the principal; and if, after executing a health care
agency, the principal's marriage is dissolved or annulled, such
dissolution or annulment shall revoke the principal's former spouse
as the principal's agent to make health care decisions for the
principal. (c) A health care agency which survives disability, incapacity, or
incompetency shall not be revoked solely by the appointment of a
guardian or receiver for the principal. Absent an order of the
probate court or superior court having jurisdiction directing a
guardian of the person to exercise the powers of the principal under
a health care agency that survives disability, incapacity, or
incompetency, the guardian of the person has no power, duty, or
liability with respect to any health care matters covered by the
agency; provided, however, that no order usurping the authority of
an agent known to the proposed guardian shall be entered unless
there is notice to said agent by first class mail to the agent's
last known address and it is shown by clear and convincing evidence
that the agent is acting in a manner inconsistent with the power of
attorney. (d) A health care agency may be amended at any time by a written amendment executed in accordance with the provisions of subsection (a) of Code Section 31-36-5. (e) Any person, other than the agent, to whom a revocation or
amendment of a health care agency is communicated or delivered shall
make all reasonable efforts to inform the agent of that fact as
promptly as possible. |