Living Will-

[lacombe]

What is the name of your state? Washington
My mother has a notarized Durable Power of Attorney for Health Care from 1997 appointing my step-father as her attorney-in-fact, with my brother as the 1st alternative, and my step-brother as 2nd alternative. This was done in Nevada. Since then, my step-father has passed away (1998), she has Alzhiemers/dementia, and she now lives with me, her daughter, in Washington (since 2000). My question is, can my brother transfer his authority to make health care decisions to me? If he can, what kind of document would accomplish this?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Washington
My mother has a notarized Durable Power of Attorney for Health Care from 1997 appointing my step-father as her attorney-in-fact, with my brother as the 1st alternative, and my step-brother as 2nd alternative. This was done in Nevada. Since then, my step-father has passed away (1998), she has Alzhiemers/dementia, and she now lives with me, her daughter, in Washington (since 2000). My question is, can my brother transfer his authority to make health care decisions to me? If he can, what kind of document would accomplish this?

My response:

No, it can't be "transferred". That wasn't your mother's decision in her Will. Her decision was that your brother and step-brother make the decisions, and not you. The only person your brother can defer to, if he's unwilling to "pull the plug" (as it were) is your step-brother. If neither of them choose to make that final decision, then the decision is left up to the doctor and State.

Oh, shades of Terri Schindler-Schiavo!

IAAL