What are your rights as a successor agent on a durable and medical POA? - AgingCare.com

What are your rights as a successor agent on a durable and medical POA?


On my moms General Durable POA and Medical POA my sister is agent, then I am the successor agent then my brother. Can my sister tell a medical practice not to give me medical records or talk to me if I am on the POAs? This happened when I attempted to get medical records which my sister knew I was getting. After leaving several messages with no return calls I finally just said I was the daughter and they put me through to the person that I left messages with. She stated that she could not talk to me and that I was not to get moms medical records. According to this person my sister had me blocked. I am discussing what happened and why this happened with my sister tomorrow but for legal reasons I need clarification on the POAs. If my sister is out of town and I am next on the POAs how can I communicate with the medical office if I need to. Any thoughts. Thank you.

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Does your mother want you to see the records? Is she still competent to make such decisions? Her authority is certainly higher than a POAs.
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From a legal perspective, pamstegma is correct.

Until the first attorney-in-fact dies, resigns or is incompetent to act as your mother's agent under her POA, you have no rights as the successor POA.  It does not matter if your sister is out of town. If there is a medical emergency, they can contact her by phone and take instructions that way, unless your sister states to the hospital that they may defer to you under the POA.

Most state laws for POA require proof of death, resignation or incompetency in order for the successor POA tp step in. Very few states are silent on when companies and medical facilities are allowed to rely on the successor POA's instructions. I know at my company, I ask the front line associates to obtain proof of succession (i.e., a death certificate or resignation, etc.). In my personal life, I am the attorney-in-fact under three different family members' POAs, and frankly, I wouldn't really appreciate it if others were interfering with my legal duties, or with my decisions. I am neurotic to an extent with sharing information so that others don't feel slighted, but at the same time, too many cooks in the kitchen and all that is a true story for some of us!

I hope you were able to have a conversation with your sister and work out the difficulties as to access to information.
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You have no "rights" until the primary DPOA steps aside or drops dead.
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1lovingmom, I am moving your question back to the front page to see if someone can help you with your question.
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