QUESTION
Can anyone tell me if a revocation of advanced directive and durable power of attorney for health care revokes only for advance Health care directive?
Asked on Dec 08th, 2013 on Estate Planning - California
More details to this question:
Does it also revoke durable power of attorney for management of property and personal affairs in California? Should I have been given two forms one for each if I was appointed both and they wanted to terminate me? I would really appreciate any legal answer. Thank you!
7 ANSWERS
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Advance Healthcare directive is for the purpose of someone to manage your healthcare when you cannot. Durable Power of Attorney is for managing your financial affairs, when you cannot do so for yourself. In both documents, the same person may be named as the designated agent to carry out the specific needs of the maker of the directives. One could be revoked without the other, or amended, to name a different agent to exercise the directive/power. Two documents should have been prepared.
Answered on Dec 13th, 2013 at 2:29 AM
Edwin K. Niles
Review of the forms necessary.
Answered on Dec 12th, 2013 at 5:07 AM
A durable power of attorney and a durable power of attorney for health care are two different things. Revoking one would not revoke the other.
Answered on Dec 12th, 2013 at 5:00 AM
No it does not. An advanced health care directive and a durable power of attorney are two completely different things.
Answered on Dec 12th, 2013 at 4:58 AM
It depends on what the revocation says. It should say that it revokes both if that is what you want.
Answered on Dec 12th, 2013 at 4:57 AM
The forms are separate and a revocation of one does not revoke the other.
Answered on Dec 10th, 2013 at 8:33 PM
2 Awards
It is hard to say without seeing the forms and the revocation.
Answered on Dec 10th, 2013 at 8:33 PM