in a living will, who has final decision when it comes to picking an assisted living home, someone with power of attorney for medical, or someone with durable power of attorney?
1 Answer from Attorneys
I would have to see both documents to compare the powers granted before giving you any type of advise on your particular situation. Generally, a durable power of attorney refers to financial decisions and control over the principal's finances. Also, a medical power of attorney covers the medical treatment of a loved one. A living will usually refers to under what conditions a person would no longer want life sustaining medical procedures, ranging from CPR to feeding tube to blood transfusions. Although the finances may play a role in the choosing which assisted living facility to pay, depending upon the details in the documents, I believe assisted living facility may would fall under a medical power of attorney, as it is for the safety and welfare of the individual, similar to medical treatment, such as rehabilitation or psychological in patient treatment. If the 2 fiduciaries cannot agree on a facility, a probate court case should be filed to obtain an order which would supersede either power of attorney.