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Health Care POA

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azref2627

Junior Member
In Arizona.

My aunts husband died who was her Principal medical POA. My brother was designated First Alternate Agent.

The question is can my brother assign another person to be either the Principal or First Alternate Agent in order to take over the responsibilities? And if the aunt moves to Oregon does my brother have the authority to still be the FAA? This for hospice and memory care facility admittance mainly.

Thanks
 


adjusterjack

Senior Member
If your brother was designated First Alternate Agent by your aunt then he remains FAA until she revokes the appointment and appoints somebody else.

Is your aunt mentally competent to appoint a replacement medical POA?
 

azref2627

Junior Member
No. She's full blown Alzheimer's. No capacity at all.

Was hoping he would have power now with the ability to rename another family member. Sounds like he just has control of only her medical issues - not anything else.
 

LdiJ

Senior Member
In Arizona.

My aunts husband died who was her Principal medical POA. My brother was designated First Alternate Agent.

The question is can my brother assign another person to be either the Principal or First Alternate Agent in order to take over the responsibilities? And if the aunt moves to Oregon does my brother have the authority to still be the FAA? This for hospice and memory care facility admittance mainly.

Thanks
No, your brother cannot assign someone else to do it. It doesn't matter where your Aunt lives. If he is the POA, he is the POA.
 

Taxing Matters

Overtaxed Member
In Arizona.

My aunts husband died who was her Principal medical POA. My brother was designated First Alternate Agent.

The question is can my brother assign another person to be either the Principal or First Alternate Agent in order to take over the responsibilities?
Only if the POA document gives him that power. What does the POA document say? Does it give him that power? Does it say who (if anyone) takes over if your brother can't?

And if the aunt moves to Oregon does my brother have the authority to still be the FAA? This for hospice and memory care facility admittance mainly.
The POA should still be good in Oregon, too.
 

zddoodah

Active Member
The question is can my brother assign another person to be . . . the Principal
That doesn't even make sense. The principal is the person conveying the power of attorney. In this case, that's your aunt.


The question is can my brother assign another person to be . . . First Alternate Agent in order to take over the responsibilities?
Unless the power of attorney gives him that power, no. Your aunt could do that if she were legally competent, but it sounds like that's not the case.


And if the aunt moves to Oregon does my brother have the authority to still be the FAA?
He's the agent (he's no longer the alternate), regardless of where he or your aunt lives. Whether it would be a good idea for your aunt to have a non-local agent for healthcare purposes is, of course, an entirely different issue.

Why would your "full blown Alzheimer's" aunt move to Oregon?


Sounds like he just has control of only her medical issues - not anything else.
It's impossible to speak intelligently about the legal effect of a document we haven't read, but the typical medical POA would only convey authority for medical care and disposition of bodily remains.
 

Zigner

Senior Member, Non-Attorney
It's possible that some sort of conservatorship/guardianship should be pursued.
 

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