My understanding is that if a person is mentally incompetent, the directives in a Living Will are to be followed UNLESS someone has a DURABLE Power of Attorney - because a regular Power of Attorney becomes irrelevant once the person is no longer mentally competent. I am pretty sure this is correct.
HOWEVER, if for some reason, the DURABLE Power of Attorney is not available, THEN the LIVING WILL is to be followed. This is very important, because I have to plan a malpractice suit.Government2 months ago
If a person set up a Living Will with Advance directives 4 years ago that specified NO CATHETERS were to be inserted, but also had a Healthcare power of attorney.. and then 4 years later was in a hospital and deemed to be mentally incompetent - which would take precedence? The advance directives in the Living Will, OR the wishes of the Healthcare power of attorney? The Healthcare POA wanted to give permission for the catheter to be inserted.1 AnswerOther - Australia2 months ago
I am the Durable Power of Attorney for my father who has late stage dementia. When I call Social Security - they refuse to talk to me, they insist they must talk to my father who doesn't even know his own name anymore and is in a nursing home and inaccessible because of Covid-19. Doesn't Durable Power Of Attorney authorize me to act on behalf of my father in ALL things?7 AnswersLaw & Ethics2 months ago
I am my father's Durable Power of Attorney, HealthCare Power of Attorney, and Pre-Need Guardian. But something went AWRY!?
My BROTHER contacted my father's attorney. He is not POA or anything.. yet my father's attorney GAVE him a copy of my father's Last Will and Testament.. while my father is still alive! Did that attorney have any right to do that?5 AnswersLaw & Ethics3 months ago
If someone sends MY attorney information about me, am I entitled to see that information?4 AnswersLaw & Ethics3 months ago
My brother got copies of the Durable Power of Attorney Forms designating me as my father's DPOA, as well as my father's Last Will and Testament and his Living will.. and has fraudulently modified them, making HIM the DPOA and beneficiary, etc. How can I STOP him? He is sending these fraudulent documents out to banks, government agencies, insurance companies, etc..4 AnswersLaw & Ethics3 months ago
Is it legal for the two witnesses to be family members of the person being designated as the Durable Power of Attorney? ?
EXTREMELY important question for me. In the State of Florida. on a Durable Power of Attorney Document requiring two witnesses and a Notary seal.. is it legal for the two witnesses to be family members of the person being designated as the Durable Power of Attorney?6 AnswersLaw & Ethics3 months ago
Is it known if a "Last Will" exists? And if it is the current will? (BEFORE the person passes away)?
AFTER someone passes away, their will generally becomes PUBLIC record. However, BEFORE a person passes away, is there a way to find out if a will even exists? And if a will does exist, is it possible to know if that will was the current "last will"?5 AnswersLaw & Ethics4 months ago
Neighborhood nut claiming to be the HOA is threatening me. She was never part of the HOA, and the HOA ceased to exist 10 years ago.?
In a community of 30 homes, 1 person has ordered me to remove flowers that I put around two oak trees in a 30' x 50' planter or she will have them removed and bill me for it. She claims to represent the Homeowner's association. In her letter, she even admits that the HOA ceased to exist 10 years ago. She neglected to mention that she never was part of the HOA. What can I do about her threat, her misrepresentation, and what can I do if she has my plants removed? It is ironic that this planter uses MY water, and MY sprinkling system with 6 sprinkler heads that I installed over 30 years ago.3 AnswersLaw & Ethics5 years ago