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Are both medical power of attorney and durable power of attorney both necessary?
Wiki User
∙ 14y ago
A Medical Power of Attorney is for medical purposes only. It allows a competent adult to choose someone who can make medical decisions for them if they should become unable to make those decisions on their own behalf. The principal can choose to be specific as to what treatment the principal does and does not want, or, can leave those decisions up to the Medical Attorney-in-Fact. The Medical AIF will have the authority to sign documents when a physician has deemed the principal to be incompetent.
A Durable Power of Attorney is another type of authority whereby a principal grants the power to act on their behalf to access bank accounts, pay bills, or sign any legal documents on behalf of the principal. Authority over medical treatment can also be granted with a Durable POA.
There are various schemes that could be chosen. You could have the same person(s) serving in both capacities or name two separate agents. Since the powers under a Durable POA may overlap with those under a Medical POA the principal must decide who will have the authority over medical matters and make instructions to that effect clear in the two POAs IF two separate individuals will be chosen.
You should seek the advice of an attorney who can review your situation, explain your options under your state laws and draft instruments that meet your needs.
Wiki User
∙ 14y ago
Wiki User
∙ 11y agoIf you are seeking to make both financial and medical decisions on the other person's behalf, then yes.
You will need a durable and medical power of attorney form. Both are available for download in the resource link below.
Another PerspectiveA Power of Attorney grants sweeping power over all your property. You should arrange an appointment with an attorney who can review your situation and explain your options and the consequences of executing a POA document. The attorney can combine medical powers into a durable power of attorney document. See related question link.
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What is the purpose of a durable medical power of attorney?
The purpose of the durable medical power of attorney is to name another person to make medical decisions on your behalf.
Does a durable power of attorney cover medical and financial issues?
Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.
Does a Florida medical poa need to be notarized?
In the state of Florida both durable and non-durable power of attorney needs to be notarized. This does in fact include the medical power of attorney.
What document is similar to a living will?
the durable medical power of attorney
What form do you use to give legal medical power of attorney for your children?
That type of power of attorney is also called a Child Medical Care Authorization Form.
Can the durable power of attorney rule over medical power of attorney?
No. You will find that they are regarded entirely differently. The decisions of the holder of a durable POA will not be accepted or acted upon by the medical community. A specific medical POA must be granted for medical and end-of-life issues.Another PerspectiveSome Durable Power of Attorney documents can be drafted to include broad powers including including the power to make medical decisions. An example from Alabama is provided in the link below. If a person executes both a Durable POA and a Medical POA they should make certain the powers do not overlap so as to cause a problem when medical decisions must be made on behalf of the principal.
What happens to the durable power of attorney when the person passes?
The power of attorney represents a living person. The durable power of attorney will end with the death of the grantor.
What is a springing durable power of attorney?
A durable power of attorney that specifies an occurrence or a future date for the document to become effective.
Does a will exceed a durable power of attorney after death?
A durable power of attorney represents a living person. The will takes effect on the death of the grantor.
Can Durable Power of Attorney override a Will?
No, durable power of attorney, although meant for financial decision-making, is restricted against amending wills.
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.
Will a durable power of attorney be accepted if not drafted by an attorney?
If the Durable POA is valid in the state where it will be used then it should be accepted.
