Who is appointed medical power of attorney if someone cannot make a decision?

And, if there is no one who has POA of either kind and this person is deemed incompetent, someone will need to seek guardianship for them. A person has to be judged competent to appoint a POA and sign the form.

Does this person have a Durable Power of Attorney for finances? Often the judge will appoint that person as POA for Health Care. You need to talk to an Elder Care Attorney about the situation.