Power of Attorney
A has given B General Durable Power of Attorney. From a stroke A could not physically sign due to the effects of the stroke. The Power Of Attorney has been used by B after that incident. Now A (being of sound mind all the time) wants to change the Power of Attorney to include other signee’s in case B is not capable in the future.
Is this possible. Somebody said one cannot change it since B has used it to sign documents for A.
Also A has a living will. Does B have the power to make decicions contrary to the living will?
Power of Attorney A has given B General Durable Power of Attorney.
Power of Attorney
Re: Power of Attorney
A can change the power of attorney, physical infirmity is no barrier to that (just requires more documentation because A cannot physically sign). The fact that B used the power of attorney does not mean that it cannot be revoked or modified. It simply means that the acts of B on behalf of A while the power of attorney was in effect cannot be (easily) rescinded. On the Living Will also called a Medical Directive or Advanced Directive (usually there is also a Healthcare Power of Attorney associated with the Living Will), the directions of the Living Will will describe generally the course and limits of treatment. The HPA authority will control what B can direct on behalf of A, but generally leaves significant discretion in the hands of the attorney in fact. A general limitation in HPAs is that if A is competent to make decisions that the attorney in fact does not have authority to make decisions. Living Wills are generally are effective only when the person who made the Living Will is unable to make and communicate decisions, note this does not mean the person has to be able to speak or write; it means any means of communication that is effective if the healthcare professional believes the person is competent to make decisions.
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