My husband has poa of his elderly fathers will. Does he have a say in his medical care? His father is in the first stage of dementia. Any advice would be appreciated. Thank you.
Joyce, a POA or Durable POA addresses legal and financial authority. A Medical POA or Living Will, or Health Care Proxy addresses medical authority and decision making. They're 2 separate documents.
The individual(s) managing the estate pursuant to Wills are called Personal Representatives, Executors or Executrixes. Their authority activates on death of the person who makes the Will (Testator or Testatrix). Any authority of proxies under POAs ceases on death.
If his dad does not have medical POA yet, it is time, the sooner the better. In the early stages of dementia dad is probably still able to designate someone.
There is not a POA for a will. Is he executor of the will?
Does he have medical POA? If so, it depends on what is stated in the POA as to what he has power over. If he does not have medical POA he does not have any power related to medical needs.
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The individual(s) managing the estate pursuant to Wills are called Personal Representatives, Executors or Executrixes. Their authority activates on death of the person who makes the Will (Testator or Testatrix). Any authority of proxies under POAs ceases on death.
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Does he have medical POA? If so, it depends on what is stated in the POA as to what he has power over. If he does not have medical POA he does not have any power related to medical needs.