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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 5460 (2026)

 Relation of health care agent to court-appointed guardian and other agents.

✓ current as of May 2026
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§ 5460.  Relation of health care agent to court-appointed guardian and other agents.

(a)  Accountability of health care agent.--If a principal who has executed a health care power of attorney is later adjudicated an incapacitated person and a guardian of the person to make health care decisions is appointed by a court, the health care agent is accountable to the guardian as well as to the principal. In its guardianship order and determination of a person's incapacity, the court shall determine the extent to which the health care agent's authority to act remains in effect.

(b)  Nomination of guardian of person.--In a health care power of attorney, a principal may nominate a guardian of the person for the principal for consideration by a court if incapacity proceedings for the principal's person are thereafter commenced. If a court determines that the appointment of a guardian is necessary, the court shall appoint a guardian in accordance with the principal's most recent nomination except for good cause or disqualification.

(c)  Reasonable expenses.--In fulfilling the health care needs for a principal, a health care agent may incur reasonable expenses, including the purchase of health care insurance, to the extent the expenses are not otherwise covered by insurance or other similar benefits. Payment for the expenses or reimbursement to the health care agent for the expenses from the principal's funds shall be made by either of the following:

(1)  A guardian of the estate of the principal.

(2)  An agent acting on behalf of the principal under a power of attorney if the agent has the power to disburse the funds of the principal.

(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)

 

2016 Amendment.  Act 79 amended subsec. (a).

Cross References.  Section 5460 is referred to in sections 5453, 5456, 5461 of this title.

Notes of Decisions
Cited in 5 cases, 2010–2018 · leading case: In re D.L.H., 2 A.3d 505 (Pa. 2010).
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In re D.L.H., 2 A.3d 505 (Pa. 2010). · cites it 2× “, the power to create health care agency (see “health care agent,” 20 Pa.C.S. § 5422) when none has previously existed.”
In Re Dlh, 2 A.3d 505 (Pa. 2010). · cites it 2× “Under [the Act], guardians can "revoke or amend" an existing health care agency if the principal becomes incompetent, 20 Pa.C.S. § 5460(a), but they cannot create one where none ever existed, which is the case here.”
Review & Vacatur of Local Orphans' Court Rules (Pa. 2018). · cites it 2× “§ 5604(c)(3); 20 Pa.C.S. § 5460(a); see also Pa. O.C. Rule 14.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). · cites it 2× “§ 5604(c)(3); 20 Pa.C.S. § 5460(a); see also Pa. O.C. Rule 14.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). · cites it 2× “2010) (discussing whether guardian has authority concerning life-preserving care); 20 Pa.C.S. § 5460(a) (requiring the court to determine the extent of agent’s authority under a health care power of attorney); 20 Pa.”
— 20 Pa. Cons. Stat. § 5460(a) — 5 cases
In re D.L.H., 2 A.3d 505 (Pa. 2010). “, the power to create health care agency (see “health care agent,” 20 Pa.C.S. § 5422) when none has previously existed.”
In Re Dlh, 2 A.3d 505 (Pa. 2010). “Under [the Act], guardians can "revoke or amend" an existing health care agency if the principal becomes incompetent, 20 Pa.C.S. § 5460(a), but they cannot create one where none ever existed, which is the case here.”
Review & Vacatur of Local Orphans' Court Rules (Pa. 2018). “§ 5604(c)(3); 20 Pa.C.S. § 5460(a); see also Pa. O.C. Rule 14.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). “§ 5604(c)(3); 20 Pa.C.S. § 5460(a); see also Pa. O.C. Rule 14.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). “2010) (discussing whether guardian has authority concerning life-preserving care); 20 Pa.C.S. § 5460(a) (requiring the court to determine the extent of agent’s authority under a health care power of attorney); 20 Pa.”
— 20 Pa. Cons. Stat. § 5460(b) — 3 cases
Review & Vacatur of Local Orphans' Court Rules (Pa. 2018). “§ 5604(c)(3); 20 Pa.C.S. § 5460(a); see also Pa. O.C. Rule 14.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). “§ 5604(c)(3); 20 Pa.C.S. § 5460(a); see also Pa. O.C. Rule 14.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). “2010) (discussing whether guardian has authority concerning life-preserving care); 20 Pa.C.S. § 5460(a) (requiring the court to determine the extent of agent’s authority under a health care power of attorney); 20 Pa.”
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