Q: I am the healthcare POA for my married sister, the paperwork is completed and signed by a witness. Legally, can the
husband supercede this?
A:
When was the paperwork signed? Before or after marriage? Signed by ONE witness? TWO? Notarized? The form matters and so does how it was signed. If your sister didn't do this with an attorney you're playing with fire trying to rely on this! If she DID use an attorney, that attorney can perhaps best answer these questions. That said ....
MUCH of this will depend on what your sister's doctors know or don't know as it is 'common' for the spouse to be consulted if the patient cannot make decisions. Your SISTER should make sure your doctors know her wishes before there is a problem to insure best results. If that is now too late, YOU can bring the paperwork but there might STILL be an issue if the date of marriage is AFTER the date of the Medical PoA. Bottom line: your SISTER needs to consult with a local estate planning attorney to insure her wishes are fulfilled.
-- 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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