Legal Question in Wills and Trusts in Ohio
financial and health care POA conflicts
If the financial POA for a incapacitated elderly man has been making health care decisions for him without contacting the health care POA for that man, what can the consequences be?
Also, when such an elderly man becomes incapacitated, who lets the family know who the POA's are, or do they have to go hunting for them? Do hospitals or nursing homes automatically ask for copies of the POA's? Is there any policy or law that requires health care facilities to do so? Are lawyers required to supply copies of POA's to the appointed POA's in such cases? Thank you for your time.
1 Answer from Attorneys
Re: financial and health care POA conflicts
There is no requirement that an attorney furnish a copy of a power of attorney to anyone other than the client. In fact doing so without permission could be a breach of confidentiality.
Each individual should provide a copy of his or her power of attorney to the person named or let them know where it can be located.
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