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shellbell69 Asked February 2020

Does a family member override a POA for end of life decisions?

BBS2019 Feb 2020
There are 2 Powers of Attorney. One is durable general POA which allows the POA (when activated) to deal with financial/legal issues primarily.

Then there is a Health Care POA, which allows the POA (when activated) to deal with health care decisions. If there is no activated Health Care POA, you can't make "end of life decisions" for someone else.

If you are the Health Care POA, which is activated, then you can make end of life and medical decisions. Presumably, there is also a HIPAA release form giving you the right to health care records and information. Usually the two documents are drawn up together. The family in general has no say in health care decisions, since the elder who designated the Health Care POA was competent at the time it was drawn up and wanted that designated POA to make the decisions.

I always carry both the POA and Health Care POA and any related documents (including any documents indicating the POAs have been activated," with me. To the hospital, to the MD office, to AL. When I engage with someone new in the health care system, I always tell them first that I have an activated HC POA and HIPAA authorization to receive information. That smooths the way. Parents named me since I have far more medical knowledge than anyone else in the family. Siblings trust my decisions but I do discuss what's going on with them just to keep them in the loop.

worriedinCali Feb 2020
Nope.

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