Legal Question in Health Care Law in Massachusetts

Durable Power of Attorney

I am a CNA and one ofmy residents appointed me his power of attorney, is this legal because I work there? He has no other family, and what do I do with this document, it has already been notorized


Asked on 4/08/08, 7:31 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Durable Power of Attorney

Assuming that you are willing to accept the appointment, I don't believe there is anything which would preclude you from acting as his power of attorney.

You may want to suggest that he create a "springing" power of attorney, which would not become effective until/if he were to become incompetent.

Under Massachusetts law, you are not permitted to be his Health Care Agent.

Please feel free to contact me if you have any further questions or pass my name along if your client wishes to speak with someone about this.

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Answered on 4/08/08, 9:32 am


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