Does Mom still have first say if I'm the POA for Dad?

1 answer | Last updated: Aug 18, 2010
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Caring.com User - Steve Weisman
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Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City...
Steve Weisman said...

This is quite complicated and unfortunately no one could begin to give you advice without reviewing the documents themselves and discussing the circumstances under which they were executed.

A Durable See also:
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Power of Attorney is merely one that survives the incompetence of the maker. Until Durable Powers of Attorney laws were enacted, a power of attorney automatically became invalid at the incapacity of its maker.

Any power of attorney whether it is durable or not may be revoked by the maker if he or she is of sound mind.

Spouses do not generally have authority to make medical decisions legally on behalf of a spouse unless they are designated under an advance care directive such as a health care proxy or durable power of attorney for health care, depending on the particular state's laws.

I urge you to contact an elder law lawyer to help you first to determine what the various documents specifically provide as to your authority and to determine if the facts are such that the later documents are not legally viable. If that determination is made, the lawyer can advise you as to how to enforce your rights.

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