Legal Question in Elder Law in Massachusetts
if a durable power of attorney is obtained 11 yr.s ago, will a health care proxy obtained 1 yr. ago trump that?
2 Answers from Attorneys
No. A durable power of attorney deals with the ability to handle property and finances, and a health care proxy gives the agent the right to make health care decisions if the principal (the person who signed the document) is unable to make those decisions for themselves.
I second the advice of Attorney Hamill. A durable power of attorney and health care proxy grant entirely different powers. Executing a power of attorney will not revoke a health care proxy, and vice verse.
If you need new documents draft, please don't hesitate to contact my office. If it has been 11 years, you would be well-advised to execute a new power of attorney.
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