My mother has limited brain function due to dementia. We live in NYS. The doctors told my brother that if he gave up the hcp that they would have to go to court to have it changed and It just couldn't be changed over to me. My brother doesn't want to do it anymore. He wants me to take over. He has little medical knowledge and can be talked in to almost anything. I need laws that I can use to change the hcp.
I think that if your mom is no longer capable of signing to change this, there is no other recourse than for someone to be appointment guardian over her.
Hope someone with more knowledge of this kind of situation can advise.