Can POA for finances override a decision made by the POA for medical?
The authority pursuant to a Durable Powers of Attorney and an Advance Care Directive such as a Durable Power of Attorney for Health Care as it is referred to in some states may difer significantly depending on the precise wording of the documents. However, generally the decision as to placing someone in a nursing home would be more in the realm of the person acting with authority over health care decisions. I would suggest that both siblings meet with their mother's primary care physician to see if they can arrive at a mutually acceptable solution in their mother's best interest. Ultimately, if they cannot agree, the matter could be decided in court through a guardianship petition to ursurp the authority of each of the siblings and put the entire authority in one person. This, however, would be time-consuming and expensive. I would urge them to formulate a plan with the help of her physician.
Recommended for you
- Power of Attorney for Finances: A Step-By-Step Guide
- What is the difference between DPOA and POA?
- Can you go from durable to irrevocable power of attorney?
- Your Parents' Estate: Not a Windfall Anymore
- Where can I get free legal help with estate planning?
- See all 571 questions about Legal and Financial Planning for Eldercare
