Legal Question in Elder Law in Massachusetts

health proxy

my STEP brother has power of attn:over my dad; however my dad is in the hospital & made my brother and I his health proxys at the hospital. Does this over ride the power of Attn: while he is at the hospital?


Asked on 4/18/09, 11:07 pm

3 Answers from Attorneys
Leanna Hamill Leanna Hamill, Attorney at Law, P.C.

Re: health proxy

No. The power of attorney allows your step brother to handle your father's finances and property, and the health care proxy allows you and your brother to make health care decisions for your father if his doctors say he is unable to make decisions for himself. The powers of the two documents do not overlap.

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Answered on 4/19/09, 7:56 am
Alexis Levitt Law Offices of Alexis Levitt

Re: health proxy

If your father signed documents prepared in Massachusetts, then one is unrelated to the other. The Power of Attorney gives your step-brother power over personal finances and personal business. The Health Care Proxy gives you and your brother authority to make health care decisions for your father - when he cannot make or communicate his own. Two separate documents, two different roles.

Good luck.

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Answered on 4/20/09, 11:50 am

Re: health proxy

The power of Attorney deals with Financial issues and not usually Health Issues. The Health Proxy allows you to make medical decisions.

The Health Proxy does not revoke a POA.

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Answered on 4/19/09, 3:32 pm


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