If one is Power of Attorney on a mother&#39;s bank account, does this mean she is POA over her health as well?

Jan 14, 2012

I had to have a "Durable Power of Attorney" that included a "health" clause that would give me the right to make decisions for my mother IF she is declared incompetent by two doctors to make health decisions for herself. In other words, a Power of Attorney for a bank account allows you to only access that bank account. Any legal document like a POA has to be very specific about what rights the attorney-in-fact has to perform his/her duties under the POA or DPOA.

N1K2R3

Jan 20, 2012

You may wish to check with an Elder Care attorney, however, I believe that there are two separate provisions for a POA, one for Financial and one for Health.

Kitty

Jan 20, 2012

Not necessarily. Some include the Health Care Proxy or Medical Power of Attorney with the DPOA, but not all. Some people chose to name a separate HCP/MPOA from the DPOA. You need to refer to your mother's actual document to know if it includes the health or not.

Helpful Answer (1)

captainturk1

Jan 20, 2012

No it does not. I had to get both on my mother.This is Mississippi law anyway.

genealgal

Jan 20, 2012

The phrase you used about 2 doctors to declare incompetence is also used to clarify WHEN the POA takes effect. If you get it effective immediately, she doesn't have to go through all the competency malarky and shame. Also, that form you have sounds like the quick one they hand you at the hospital as they wheel your loved one into surgery. A seperate POA for Healthcare (often found online) can specify more of what your mother wants or dosen't want. We have both in place, just in case, but Mom still signs all her papers and I'm just the back-up. Oh, and you want to get the beneficiaries up to date on any accounts she has, plus the will of course. Make sure none contradict each other...

anonymous101100

Jan 21, 2012

I dont understand this "declared incompetent." I never did that, my Mom clearly cannot make decisions or do bills, etc so I do it . At the same time we did the POA, the lawyer drew up a separate Health Care Proxy for her.My Mother did initial it as she doesnt want life support,so it was her decision on that. You do need to ask an attorney on this to be sure. Good Luck.