Dallas, TX asked in Family Law for Texas

Q: My nephew has medical power of attorney over me. Does that give his wife authority too?

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3 Lawyer Answers
James L. Arrasmith
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Answered

A: Having a medical power of attorney means you've designated someone to make healthcare decisions on your behalf if you're unable to do so. This authority is quite specific and is granted directly to the individual you've chosen, in this case, your nephew. It's important to understand that this legal document doesn't automatically extend these rights or responsibilities to his wife or any other family members.

If you wish for his wife to have a role in your healthcare decisions, you would need to take additional steps to legally include her in such capacities. This could involve appointing her as an alternate or co-agent in the medical power of attorney document, ensuring she has the legal right to act if your nephew is unable or unavailable to do so.

It's also crucial to have clear, open discussions with your nephew and, if desired, his wife about your healthcare preferences and the extent of the authority you're granting. This can help ensure that your wishes are followed as closely as possible and can prevent any confusion or disputes about decisions made on your behalf. Consulting with a legal advisor experienced in healthcare directives can provide guidance tailored to your specific situation and help ensure that your wishes are legally protected.

Tim Akpinar agrees with this answer

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: No. When you sign a power of attorney, only the person you designate as your attorney-in-fact has the powers set forth in the instrument, not that person's spouse. Even if your attorney-in-fact were to die or become disabled, his powers would not pass to his wife unless you specifically named her as secondary in your power of attorney.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: No, not unless you designated her also. POAs are specific in who they designate to act on one's behalf. Good luck

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