My inlaws are in Assisted Living. Both have been declared incompetent and need 24/7 care. They have 3 sons. One son has power of attorney over health care. Another son has power of attorney over finances. Which son has the authority to say whether or not the parents stay in assisted living? Two of the sons say it is a health issue, the other says it isn't.
1 Answer from Attorneys
The situation you presented is a good reason why it is not a good idea to give different people competing powers. The determination of where your in-laws live would be determined by the person holding the health care power of attorney, but you will need the holder of the financial power of attorney to agree to pay for the care.
If an agreement cannot be reached someone may have to apply to be appointed guardian.
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