Legal Question in Elder Law in Massachusetts

Re: health care proxy & power of attorney

The answer to your question depends upon the language of the Durable Power of Attorney. It will depend upon when and where it was signed and when under its terms it becomes active. If determined to be valid, the perosn with a Power of Attorney can make decisions to reverse those made by the Durable Power of Attorney, assuming it covers medical matters.

A Durable Power of Attorney becomes active when a person is determined to be incapacitated unable to make decisions.

A health care proxy allows you to make medical decisions up to a point.

If your father-in-law is capable and competent, he can revoke the Durable Power of Attorney by simply sending a letter revoking it or executing a new Durable Power of Attorney.

However, in the absence of an affirmative act by the one with a Durable Power of Attorney, the person under the Medical Proxy remains the decision maker.

It would however be best if both of you worked together and agreed on a strategy.