Legal Question in Wills and Trusts in Florida

what steps to take when a durable power of attorney does not abide by a person living will & trust...such as having him resesitated when there is a NO RESESITATE clause & NO FEEDING TUBE clause & he is on a feeding tube. also, can a durable power of attorney from 2006 trump a marriage 2009...can she keep wife away from her husband?


Asked on 8/20/10, 2:22 pm

2 Answers from Attorneys
Richard Kaplan

Your question is a bit confusing. What I can figure out is that you are confusing a Durable Power of Attorney with a Health Care Surogate and Living Will. DPOA's can agree to pay for treatment, but they don't authorize medical care and treatment (unless there may be provisions in it that state such matters).

Read more
Answered on 8/25/10, 2:34 pm
Lucreita Becude Lucreita D. Becude, P.A.

What a mess. DPA's authorize financial care when a person is incapacitated to fend for themselves and is there is a HIPPA waiver included, it will allow that agent to get info on the patient's health etc. The Health Care Surrogate names a person to assist in the health care of the patient. It does not give power over visitation of the wife. I suggest you run to the nearest attorney and get some help in this matter ASAP.

Read more
Answered on 8/26/10, 6:30 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida