If my parents each have their own medical Power of Attorney and they disagree on how to proceed with home care, who decides whose plan to follow? 17 Answers as of September 23, 2013

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Law Offices of George H. Shers | George H. Shers
A power of attorney becomes effective only once the person granting it is unable to make a rational decision. So the power your father gave to your mother is only effective once he is unconscious or mental incapacitated.
Answer Applies to: California
Replied: 9/23/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
They each decide for themselves while competent. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 9/20/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Your parent(s?) should make their own decision as long as they are competent to do so.
Answer Applies to: California
Replied: 9/20/2013
Law Office of William Stoddard | William Stoddard
The person holding the power of attorney decides as it is assumed the person cannot make the choices (in a coma, disabled mentally and such) if the decisions need to be made by the POA.? Did the parents appoint each other respectively?? That is not a good idea.? Some third party person who respects the wishes of the person should be appointed.? that could be a child both trust, or pick a child each that that person trusts.? I am in Tacoma if you need to have a POA redone, cost about $25 each.
Answer Applies to: Washington
Replied: 9/20/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
They follow the plan set in the each Med. POA.
Answer Applies to: California
Replied: 9/20/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    My suggestion would be the first person who becomes in need of the medical power attorney first home care plan would control, subject to minor adjustments when the second person needs the use of his medical power attorney to implement his home care plan,; when that time comes, maybe some mediation services may be required to blend your two medical power of attorney home care plans.
    Answer Applies to: California
    Replied: 9/20/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Each of your parents has the right to make his/her own choices in their Health Care Directive. Neither parent can make a decision that is binding on the other.
    Answer Applies to: Minnesota
    Replied: 9/20/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The person who has the power of attorney is obligated to act on behalf of the person granting the power. Decisions should be based on the positions taken and actions outlined in the PoA document. If the attorney-in-fact doesn't follow the directions, anyone can petition a court to appoint a new attorney-in-fact. Health care professionals will attempt to get the family to agree on actions but must abide by decisions made by the grantor.
    Answer Applies to: Nebraska
    Replied: 9/20/2013
    Law Offices of Frances Headley | Frances Headley
    The party who needs the care would use their plan. If they both need it then you will need a mediator to help settle the matter. Try contacting your local patient advocate group.
    Answer Applies to: California
    Replied: 9/20/2013
    Gates' Law, PLLC | Thomas E. Gates
    The person they are acting for is the wishes to be followed as stated in their Power of Attorney.
    Answer Applies to: Washington
    Replied: 9/20/2013
    Estrada Law P.C. | Michele Ungvarsky
    They would each follow their own plan.
    Answer Applies to: New Mexico
    Replied: 9/20/2013
    Frederick & Frederick PLC | James P Frederick
    You have a mess. A medical POA names someone else to makes these decisions. If the person is different for each parent, and they do not agree, then you may have an unworkable stalemate. Depending on the facts of the situation, you may need to act as the "dis-interested" third person to see if you can find some common ground.
    Answer Applies to: Michigan
    Replied: 9/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Do one thing for mom and the other for dad. You must comply with the POA for each person separately.
    Answer Applies to: Idaho
    Replied: 9/20/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    Each power of attorney determines what the person who signed it wants in terms of health care. No one can control someone else's decisions.
    Answer Applies to: Texas
    Replied: 9/20/2013
    James Law Group
    James Law Group | Christine James
    Follow your dad's for your dad's care and mom's for mom's care.
    Answer Applies to: California
    Replied: 9/20/2013
    Victor Varga | Victor Varga
    If they have the mental capacity to make such decisions themselves, then the decisions is theirs and theirs alone until they can't make the decision themselves.
    Answer Applies to: Maryland
    Replied: 9/20/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Each can decide on what is best for themselves. That is a decision they would have to make between the two of them.
    Answer Applies to: Florida
    Replied: 9/20/2013
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