Monroe Township, NJ asked in Estate Planning for New Jersey

Q: Can a durable POA override a Medical POA?

Mom is 84. She is becoming very forgetful. I am her primary caregiver and actually my three sisters rarely call her or come and see her. Oldest sister went with Mom to lawyer and now I find out she is durable POA, Healthcare Proxy, and Executor. I am only concerned with the healthcare part as she will come to live with me when she requires more assistance. So can my oldest sister be durable POA and myself named as Medical POA? We live in New Jersey.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: This CAN be done, but it sounds like that isn't what happened here. Is Mom still capable of making decisions? "Forgetful" implies problems are starting but you need to be careful that she still has capacity before you start doing new documents.

Regardless, your MOM needs to decide who she wants to help care for her and make decisions for her. SHE gets to decide who is the caregiver and who makes financial decisions for her, and that can be the same person, different people, or a 'co-agent' situation where more than one person needs to make the decision.

YOUR MOM needs to get her own legal advice and the documents need to track with her wishes. If she has not named you as the caregiver, you need to accept that and NOT take on that role as it will just create issues. If your mom didn't realize she was changing things, THAT needs to be pointed out to her so she can make changes before it is too late.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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