Legal Question in Wills and Trusts in New Jersey

My mother has a living will and durable health care POA of which I am representative. Does this type of POA allow me full access or does she need another type to give me control in the event of her incapacitation?


Asked on 4/20/16, 8:11 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

It's really impossible to say without reviewing the documents. Generally, you would want a POA with both healthcare and financial powers.

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Answered on 4/20/16, 8:38 am
Miriam Jacobson Retired from practice of law

Full access to what? Your mother may have deliberately given you only the durable health care POA, which authorizes you to speak on her behalf only with respect to her health care decisions, as stated in her living will/advance health care directives. She may, in fact, have another financial power of attorney, authorizing another person as her agent to deal with other matters. Those functions do not have to be given only to one person. Some people are better suited to take care of health care matters, and others are better suited to take care of financial matters. You have access only to those decisions that are authorized in the living will and durable health care POA appointing you as your mother's agent.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/20/16, 8:52 am


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