Legal Question in Elder Law in North Carolina

If an adult child's parent has dementia and suspects incompetency, should the adult child talk to her parent's physician on whether to decide on a power of healthcare attorney or guardianship?


Asked on 9/29/09, 5:17 pm

1 Answer from Attorneys
Dennis Toman The Elderlaw Firm

Probably the doctor cannot talk with you without your parent's consent. The better course may be to go to doctor with the parent. The decision on whether someone is competent and capable of signing a health care power of attorney is not a medical one, it is a legal one. A lawyer would be the professional to talk with about which option is better and why. This is not legal advice and does not form an attorney client relationship.

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Answered on 10/05/09, 6:35 am


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