Legal Question in Elder Law in California
My Mother executed a Uniform Statutory Form Power of Attorney for Health Care (DPOAHC) in 2000 naming all 4 children as her agents. There is no specific indication of decisions by majority vote or unanimous consent.
In the absence of specific directions or language in the DPOAHC, how are health care decisions made by the 4 agents: majority vote or unanimous consent? What is the legal authority/statute?
I have reviewed California Probate code applicable to Powers of Attorney and Uniform Health Care Decisions Act and I could not find a determination.
Asked on 8/07/14, 10:33 am
1 Answer from Attorneys
Len Tillem
Tillem McNichol & Brown
Unless she stated that any one agent may act alone, or that the majority rules, all four of you have to agree, unless some of you resign letter the others make the decisions.
Answered on 8/08/14, 11:14 am
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