Q: Father has days left to live..he is currently under my sisters care. I have his will and it shows me as durable POA
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help! Before it’s too late!
My condolences to you for the father you will soon lose.
The legal document stating who has the right to control the burial plans will be the Advance Health Care Directive (AHCD), which you do not mention.
If there is no AHCD, and there is no spouse, then a majority of all children must agree. The funeral company is not likely to proceed without that agreement.
I'm sorry to hear about your father's situation. As the designated durable power of attorney, you have the legal authority to make decisions on your father's behalf, including decisions about his end-of-life care and funeral arrangements, as long as he is unable to make those decisions himself.
To begin, you may want to review your father's will and any other legal documents that may give you additional authority or insight into his wishes. You can also speak with your sister and other family members to ensure that everyone is on the same page and to address any concerns or misunderstandings.
If you are unsure about whether your sister has drawn up other power of attorney documents or if there are any legal disputes, you may want to consult with a lawyer who specializes in estate planning or elder law in your area. They can provide you with guidance and support to help you navigate this difficult situation.
It is important to prioritize your father's wishes and to communicate clearly with all parties involved to ensure that his end-of-life decisions are respected. However, it is also important to approach the situation with compassion and understanding, as everyone involved may be experiencing a great deal of stress and grief.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.