QUESTION
I have a power of attorney for my mom will that apply to medical decisions or do I require a separate medical power of attorney?
Asked on Apr 13th, 2013 on Estate Planning - California
21 ANSWERS
It depends on the language of the power of attorney. In our office, we do separate POAs for medical and financial decisions to avoid uncertainty.
Answered on Apr 19th, 2013 at 12:30 AM
No, in Oregon you need a separate medical directive. There is a state sanctioned form that everyone uses.
Answered on Apr 18th, 2013 at 8:23 PM
Medical power of attorney is a separate document.
Answered on Apr 16th, 2013 at 9:35 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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In Delaware you need a medical power.
Answered on Apr 16th, 2013 at 9:32 PM
You must have a power of attorney designed specially for medical decisions.
Answered on Apr 16th, 2013 at 9:16 PM
It depends on the terms of the Power of Attorney. Some include the power to make medical decisions. Some times two separate Powers of Attorney are used.
Answered on Apr 16th, 2013 at 9:12 PM
Normally a power of attorney for health care decisions does not cover financial decisions. Read the power of attorney to determine the scope of the power the document grants. If you are still unsure get some help from an attorney.
Answered on Apr 16th, 2013 at 8:56 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you have a general power of attorney for financial and other matters it does not apply to medical decisions. You need an advance health care directive or power of attorney for health care to make medical decisions for her. (or else letters of conservatorship).
Answered on Apr 16th, 2013 at 8:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should have a separate poa for medical decisions.
Answered on Apr 16th, 2013 at 8:53 PM
Thomas Edward Gates
Some Power of Attorneys provide for medical care. However, with HIPPA, a Power of Attorney for Health Care is often being required.
Answered on Apr 16th, 2013 at 8:45 PM
Shadi Ala'i AlaiShaffer
Yes, each legal document has a specific function and purpose, you cannot use the one for medical for any other purpose. You really should consult with a trust attorney to make sure you have everything in order to protect mom properly and allow you to manage her and her estate legally.
Answered on Apr 16th, 2013 at 8:42 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, there is a form called an Advance Directive. In that form, you name your Health Care Representative (essentially, agent for medical choices). The financial power of attorney you hold won't suffice.
Answered on Apr 16th, 2013 at 8:34 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The POA should have specific language in it authorizing you to make medical decisions for her.
Answered on Apr 16th, 2013 at 8:32 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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You need one document for financial decision making and another for medical decision making.
Answered on Apr 16th, 2013 at 8:31 PM
A power of attorney only grants the types and extent of actions that are listed in the document. Check your document to see what duties and responsibilities your mother has granted to you. Usually a health care POA covers most medical situations.
Answered on Apr 16th, 2013 at 8:31 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need a separate power called an Advance Healthcare Directive. Probably obtain on line.
Answered on Apr 16th, 2013 at 8:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No opinion possible without reading the document.
Answered on Apr 16th, 2013 at 8:19 PM
In California you need a healthcare directive. A general power of attorney cannot be used for medical decisions.
Answered on Apr 16th, 2013 at 8:18 PM
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Medical powers of attorney and financial powers of attorney are different and in Nevada are subject to statutory requirements. As such the answer to your question is probably yes, you need a different power of attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 16th, 2013 at 8:18 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on the terms of the POA. In many cases, the same form can cover both areas. The separate medical power might allow for a more specific expression of intentions, if that is desired. These forms are best prepared by an attorney.
Answered on Apr 16th, 2013 at 1:53 AM
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You need a separate medical POA.
Answered on Apr 16th, 2013 at 12:32 AM