Legal Question in Wills and Trusts in Indiana

My daughter has guardianship over my parents. I recently found a will in my parents house saying that I have power of attorney. My daughter wants any healthcare personnel to resuscitate my father if he goes unconcscious and I don't. In the will it states that I "have all powers granted under the IC 16-36-1-1 and all regulations pertaining thereto, to make health care decisions on his behalf." Does this trump the guardianship and allow me to make that decision for him?

Asked on 4/07/11, 6:04 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

You need to show these documents to an attorney, not just post your summaries. Wills never give general powers of attorney, but living wills may provide some authority. Also, the timing of events, what was signed or ordered first, has a huge impact on the answer to this question.

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Answered on 4/07/11, 12:50 pm

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