Health power of attorney
I am my 91 yr old mothers financial power of attorney. I live in New Jersey and she is in a nursing home in Florida with alzheimers. My 2 sisters also live near her. Can one of them be appointed her health power of attorney instead of myself? I would be a lot more convenient. Can this be done with a minimum of legal hasseling. Thank you
2 Answers from Attorneys
Re: Health power of attorney
No problem, if she is competent to sign a Healthcare Surrogate Designation and/or a medical power of attorney.
Re: Health power of attorney
The issue would be whether your mother is legally competent to understand the health care proxy when she signed it.
She must understand what she is signing or you will need to go to Court in a Guardianship proceeding, which can be limited to a Guardian over the medical needs of your mother. With the power of attorney, your mother has already, de facto, appointed you guardian of her property.
Keep in mind that the Power of Attorney must continue after the incapacity of your mother and this must be spelled out in the actual Power of Attorney form.
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