Submitted by Snowe55 on Tue, 07/27/2010 - 07:46
Posted in
My uncle appointed me as his power of attorney several years ago. Then last year he signed a health care proxy where he named my sister as his health care agent. So which one controls if we cannot agree? I don't know why he did the health care proxy but it seems to me like we have too many cooks in the kitchen.
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Editor's Response
Follow these two threads for an explanation of what a power of attorney accomplishes and what a health care proxy accomplishes under MA law. As you will see, the two documents cover different matters. Typically, the power of attorney appoints an agent to help the principle conduct financial and/or personal business (and the durable power of attorney continues in force after the principle becomes incompetent or physically unable to perform the functions herself). The health care proxy, on the other hand, appoints a health care agent to make medical decisions for the principle if she becomes incompetent. There should not be any conflict. Under the law of MA, the Healthcare Agent, your sister, will control medical decisions.