If you have a Durable Power of Attorney with Health and Financial ability and you have a 93 year old mother that needs to go to assisted living but will not agreed to go, Does this Power of Attorney give you authority to override her decision?
Asked on 1/16/10, 2:43 pm
2 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
It will greatly depend on what your DPA states. Some do address this and others do not. IF your mother is considered incapacitated, then the DPA usually survives and thus you have the power to designate a health care facility for her to live in while managing her other affairs.
Answered on 1/21/10, 2:54 pm
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
No. You would need a court determination of incompetency.
Answered on 1/21/10, 7:54 pm
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