Legal Question in Family Law in District of Columbia

I need to become my mother's Power of Attorney is dealing with a limited life illness. Need to be able to use for Maryland and DC.


Asked on 12/16/10, 6:14 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The type of power of attorney that you would like your mother sign depends on what it is exactly that your mother wants you to have control over. In other words, does your mother want you to make medical decisions for her? financial decisions?

What you likely need prepared is called "advanced directives." Advance directives are written instructions regarding your mother's medical care preferences. Your mother's doctors will consult her advance directives if she's unable to make her own health care decisions. Having written instructions can help reduce confusion or disagreement.

Advance directives include:

* Living will. This written, legal document spells out the types of medical treatments and life-sustaining measures your mother does and does not want, such as mechanical breathing (respiration and ventilation), tube feeding or resuscitation.

* Medical power of attorney (POA). The medical POA is a legal document that designates an individual � referred to as the health care agent or proxy � to make medical decisions for your mother in the event that she's unable to do so. A medical POA is sometimes called a durable power of attorney for health care. However, it is different from a power of attorney authorizing someone to make financial transactions for your mother. The medical power of attorney can be you as long as you are at least 18 years of age.

* Do not resuscitate (DNR) order. This is a request to not have cardiopulmonary resuscitation (CPR) if your mother's heart stops or if you stop breathing. Advance directives do not have to include a DNR order, and you don't have to have an advance directive to have a DNR order. Your mother's doctor can put a DNR order in her medical chart if that's her wish.

In addition to the advanced directives, an attorney (like me!) can prepare a power of attorney that allows you to make financial decisions for your mother while she is sick.

Please let me know if I can be of assistance in preparing these documents. Feel free to contact me directly at [email protected]. Best of luck. ******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 12/21/10, 6:49 am


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