QUESTION
If my parents each have their own medical Power of Attorney and they disagree on how to proceed with home care, who decides whose plan to follow?
Asked on Sep 19th, 2013 on Estate Planning - California
12 ANSWERS
A power of attorney becomes effective only once the person granting it is unable to make a rational decision. So the power your father gave to your mother is only effective once he is unconscious or mental incapacitated.
Answered on Sep 23rd, 2013 at 4:49 AM
3 Awards
They each decide for themselves while competent. 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 Sep 20th, 2013 at 5:33 PM
Edwin K. Niles
Your parent(s?) should make their own decision as long as they are competent to do so.
Answered on Sep 20th, 2013 at 5:18 PM
William M Stoddard
The person holding the power of attorney decides as it is assumed the person cannot make the choices (in a coma, disabled mentally and such) if the decisions need to be made by the POA.? Did the parents appoint each other respectively?? That is not a good idea.? Some third party person who respects the wishes of the person should be appointed.? that could be a child both trust, or pick a child each that that person trusts.? I am in Tacoma if you need to have a POA redone, cost about $25 each.
Answered on Sep 20th, 2013 at 2:48 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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My suggestion would be the first person who becomes in need of the medical power attorney first home care plan would control, subject to minor adjustments when the second person needs the use of his medical power attorney to implement his home care plan,; when that time comes, maybe some mediation services may be required to blend your two medical power of attorney home care plans.
Answered on Sep 20th, 2013 at 12:03 PM
The person who has the power of attorney is obligated to act on behalf of the person granting the power. Decisions should be based on the positions taken and actions outlined in the PoA document. If the attorney-in-fact doesn't follow the directions, anyone can petition a court to appoint a new attorney-in-fact. Health care professionals will attempt to get the family to agree on actions but must abide by decisions made by the grantor.
Answered on Sep 20th, 2013 at 11:37 AM
The party who needs the care would use their plan. If they both need it then you will need a mediator to help settle the matter. Try contacting your local patient advocate group.
Answered on Sep 20th, 2013 at 11:36 AM
Thomas Edward Gates
The person they are acting for is the wishes to be followed as stated in their Power of Attorney.
Answered on Sep 20th, 2013 at 11:01 AM
They would each follow their own plan.
Answered on Sep 20th, 2013 at 10:54 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Do one thing for mom and the other for dad. You must comply with the POA for each person separately.
Answered on Sep 20th, 2013 at 10:47 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a mess. A medical POA names someone else to makes these decisions. If the person is different for each parent, and they do not agree, then you may have an unworkable stalemate. Depending on the facts of the situation, you may need to act as the "dis-interested" third person to see if you can find some common ground.
Answered on Sep 20th, 2013 at 10:47 AM
2 Awards
Follow your dad's for your dad's care and mom's for mom's care.
Answered on Sep 20th, 2013 at 10:36 AM