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  1. #1
    Donna Perrin is offline Junior Member
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    Durable Power of Attorney vs Health Care Proxy

    What is the name of your state? New York
    My situation is as follows - I am the Durable Power of Attorney for my mother and was up until my brother changed the Health Care Proxy behind my back - arm twisting my mother to sign it. The Health Care Proxy now reflects his wishes and not my mothers who had the orginal Health Care Proxy in place with my name on it for five years. Mom has been "coached" to say she agrees with the new Health Care Proxy, but I know that the new document really does not reflect her wishes. My question is does the Durable Power of Attorney, which I still hold, trump the Health Care Proxy - should the day come when a medical decision needs to be made?

    Your answer is very important. Thank you
    [email]djp1112@comcast.net[/email]
  2. #2
    BlondiePB is offline Senior Member
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    Quote Originally Posted by Donna Perrin
    What is the name of your state? New York
    My situation is as follows - I am the Durable Power of Attorney for my mother and was up until my brother changed the Health Care Proxy behind my back - arm twisting my mother to sign it. The Health Care Proxy now reflects his wishes and not my mothers who had the orginal Health Care Proxy in place with my name on it for five years. Mom has been "coached" to say she agrees with the new Health Care Proxy, but I know that the new document really does not reflect her wishes. My question is does the Durable Power of Attorney, which I still hold, trump the Health Care Proxy - should the day come when a medical decision needs to be made?

    Your answer is very important. Thank you
    [email]djp1112@comcast.net[/email]
    If the Health Care Proxy invalidates your POA's right to make health care decisions, yes. Does your mother have dementia? If so, then apply to be her guardian/conservator, which will invalidate the POA. What people don't know, states do have statutes that allow challenges of the medical decisions of the POA/Health Care Proxy/Guardians. Check the statutes of your state.

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