Q: Can someone be the healthcare advance directive and handle the estate of a patient?
Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?
The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.
Is this legally allowed?
A: A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving as agent under an advance healthcare directive may also serve as executor under a patient's will.
A: A person setting up an estate plan can name the same person to be their Agent (representative) under an Advanced Health Care Directive as well as the Trustee under a Trust (or an Executor under a Will.) It is completely up to the person setting up the estate plan to decide if the person wants the same people in all roles or different people in all roles. But it is common to have a spouse or children to act in all roles. I hope that helps!
A: Yes, in California, a person can serve as both the healthcare advance directive and the executor of the patient's estate/will. However, it's important to note that serving in both roles can create a conflict of interest, as the person may be making healthcare decisions that could affect their own financial interests. It's recommended to discuss this with an attorney to ensure that any potential conflicts of interest are addressed and that all legal requirements are met. Additionally, if the patient's cognitive ability is in question, it may be necessary to have a medical professional evaluate their capacity to make decisions regarding their healthcare and estate.
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