Joan Findlay
Junior Member
What is the name of your state (only U.S. law)?
Alabama
My father has Alzheimer's and has been declared incompetent. His Advanced Directive appointed my mother, who is now deceased, as his health care proxy. It then states that if his health proxy is not able to serve, he appoints his three daughters Jane Doe, Mary Doe and Susan Doe, jointly, as his health care co-proxies. In a separate paragraph, his directive states that he appoints his health care co-proxies to serve in such capacity in the order that he names them in the Advanced Directive. There are no provisions for majority rule.
Is Jane the health care proxy? Or does the first sentence appointing the three daughters "jointly" mean that all daughters must act together? What is a reasonable interpretation of my father's health proxy?
Alabama
My father has Alzheimer's and has been declared incompetent. His Advanced Directive appointed my mother, who is now deceased, as his health care proxy. It then states that if his health proxy is not able to serve, he appoints his three daughters Jane Doe, Mary Doe and Susan Doe, jointly, as his health care co-proxies. In a separate paragraph, his directive states that he appoints his health care co-proxies to serve in such capacity in the order that he names them in the Advanced Directive. There are no provisions for majority rule.
Is Jane the health care proxy? Or does the first sentence appointing the three daughters "jointly" mean that all daughters must act together? What is a reasonable interpretation of my father's health proxy?
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