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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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  #1  
Old 08-11-2009, 07:55 PM
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Who has right for poa

What is the name of your state (only U.S. law)? MN

Hope someone can help me. My husband at this is not able to make any decisions due to a coma. We are at odds with his family about treatment and long term options. At this time I do not have POA. I am trying to find out if can get POA or need guardianship. I was told even if I get POA that his family can get a POA for his healthcare. Is this true? As his wife would I not be the only person that should be able to obtain that? I am so worried that they will be able to make all his medical decisions and not me. Please does anyone have any answers? I am still saving for an attorney.
Thanks
  #2  
Old 08-11-2009, 08:14 PM
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If he is in a coma, then he cannot grant a power of attorney.

Seek guardianship.
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  #3  
Old 08-11-2009, 11:43 PM
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Quote:
Originally Posted by NOTSURE2009 View Post
What is the name of your state (only U.S. law)? MN

Hope someone can help me. My husband at this is not able to make any decisions due to a coma. We are at odds with his family about treatment and long term options. At this time I do not have POA. I am trying to find out if can get POA or need guardianship. I was told even if I get POA that his family can get a POA for his healthcare. Is this true? As his wife would I not be the only person that should be able to obtain that? I am so worried that they will be able to make all his medical decisions and not me. Please does anyone have any answers? I am still saving for an attorney.
Thanks
Where is your husband, a facility or at home?
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  #4  
Old 08-12-2009, 12:34 AM
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He's in a facility. He will more than likely be moved to a nursing home within the next month.
  #5  
Old 08-12-2009, 12:48 AM
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Originally Posted by NOTSURE2009 View Post
He's in a facility. He will more than likely be moved to a nursing home within the next month.
Thank you. First thing in the morning, go to the facility's administrator who can prepare papework for you to take to the courthouse to be your husband's Health Care Surrogate/Proxy. Just because one is a court appointed guardian, that does not necessarily make one the health care surrogate. While at the courthouse (go to probate division), ask the nice court clerk about petitioning for guardianship over your husband (plenary guardianship, over both his person & estate). Also ask the nice court clerk about emergency guardianship due to your husband's condition. Emergency guardianships are also done on an expediated basis.
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