0
Can someone have medical power of attorney at the same time be executive to the patients will?
Wiki User
∙ 8y ago
There would be no legal reason they couldn't be both. If they were to greatly benefit from the death there might be a conflict of interest.
Wiki User
∙ 8y ago
Yes, someone can have medical power of attorney and be named as the executor of a patient's will at the same time. These roles serve different purposes and do not necessarily conflict with one another. Medical power of attorney grants an individual the authority to make healthcare decisions on behalf of the patient, while the executor of a will is responsible for handling the deceased person's estate and carrying out their wishes as stated in the will.
Add your answer:
Earn +20 pts
Can one assign a medical proxy or power of attorney?
No. An attorney-in-fact or agent under a Power of Attorney cannot assign their power to someone else.
What is a medical power of attorney?
The most important directive to have, experts say, is the power of attorney for health care. This is a legally recognized document that allows people to appoint someone they trust to make medical decisions for them if they are unable to do so themselves.
Is their liability fo the person holding the medical power of attorney while the other person is alive?
A medical power of attorney allows you to make medical decisions for someone else when they are unable to do so for themselves. Nothing else.
If you are unable to appear in court for medical reasons can you assign someone as a Power of Attorney in a family court?
YES
Who is a patients durable power of attorney?
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
Who should get a power of attorney?
Anyone who would like someone else to act in their place for financial or medical matters.
Is a medical power of attorney the same as living will or advance directive?
A medical power of attorney authorizes someone to make health care decisions for the principal in the event that the principal has been determined to be unable to provide express and informed consent themself.
What do you do if you someone is making a claim about an incident you do not recall?
You need to seek medical help to determine why you do not recall this accident.
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do not have to be an attorney
When would someone have to pay an attorney tax?
It does not make sense that someone would have to pay an attorney tax. If someone needs the counsel of a tax attorney, that is another matter. A tax attorney handles issues around tax and the IRS.
Currenty in lawsuit with two doctors for medication error one attorney requested my medical records the other did not can the other attorney share my medical records?
Are you asking if one attorney can share the records with the other attorney?....or are you asking if the attorney who has the records can share the records with someone else other than the other attorney? Either way, no one should be sharing your records with anyone without your prior written consent. If these 2 attorneys are working for the same firm and are both working on your case...then you can likely assume that they will both see the records.. The way your question is written makes it unclear as to what the relationship is with the 2 attorneys..
Medical Power of Attorney?
A disabling illness or injury can happen at any time, often without warning. Heart attacks, strokes, and accidents causing disabling injuries are an unfortunate commonality in modern society. When a person becomes disabled and unable to speak for themselves, a medical power of attorney is often needed. Though it goes by different names in different states, the medical power of attorney is essentially written permission to allow another to make medical decisions for you. This permits the medical provider to perform medical procedures on your behalf. Without a power of attorney, the medical provider may be limited in the treatment they may provide, even in an emergency. In the document, the individual designates a power or attorney, sometimes called a proxy, to make medical decisions on their behalf. In most states, an individual can designate more than one person, or at least an alternative person, should the main attorney in fact be unavailable. The power of attorney document will normally become effective at the time the individual becomes disabled and unable to speak for themselves, if the document so states. The document will normally have a date for the power to become effective. The document will also revoke any prior medical powers of attorney previously granted. It may have limitations to what the attorney in fact may decide is in the best interest of the individual. The individual, when creating the document, will have the ability to limit what an attorney in fact may or may not authorize for medical treatment. For instance, if the individual does not wish to be kept alive by artificial means, and so states in the document, or another identified document, the attorney in fact cannot authorize the use of artificial means. In many states, the medical power of attorney is not effective until the medical provider actually sees the document, or at least a copy. Medical providers are usually not required to take someone's word that such a document exists. They must see the document. This is why many people will provide a copy, or the original, to their primary care physician or local hospital. At the very least, the person designated in the document should be aware of it and where it is located. A medical power of attorney is not a general power of attorney. The person designated as attorney in fact will have no authority to access bank accounts, perform real estate transactions or handle other financial matters. The general power of attorney is a separate document, and the individual can designate separate people.
