Marlton, NJ asked in Estate Planning and Family Law for New Jersey

Q: My mother's Living Will includes a "Durable Power of Attorney for Healthcare".

Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.

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2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: A durable power of Attorney for Healthcare is supposed to be for healthcare decisions only. An attorney would need to review her document to tell you what powers the DPA gives to the person.

Derek John Soltis and Nina Whitehurst agree with this answer

1 user found this answer helpful

Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It would be a rare Durable Power of Attorney that also covered financial matters, but to be certain you would need to have an attorney review it. Nobody has access to her medical records without a HIPAA authorization. Nobody has access to her financial records without a financial power of attorney.

1 user found this answer helpful

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