Mom was dads health care proxy -- both of us had POA for him but it doesnt seem to include health care. Mom passed away a few months ago ... so who would be his health care person now? I am the only child. Dad has no blood relatives that we know of.
I think this may be a good thing for me to have. Right now Im not sure if he can or would sign such a document --- but maybe ...
Are there other options?
There are, in fact, separate documents for financial and healthcare decisions. If your father has a power-of-attorney only for financial matters, then a healthcare proxy is necessary. However, there are few things you should know about this issue. A healthcare proxy (or healthcare POA) would allow you to act as the agent, making decisions related to healthcare that you believe your father would have made for himself. But, if your father has dementia, the ethics and legality of him signing such a document is questionable. If your father is lacking capacity, then he may not be able to sign such a document. One option may then be to petition for guardianship, which would allow you, or whoever is appointed as guardian, to act as the legal authority for your father. Each state deals with capacity differently, so it is advisable that you consult with an elder law attorney in your state to best decide your next course of action.
Karen,
I don't know about the law, but I think if he can sign, just trick him to sign the health directive POA to you. Does he have living will telling you what he will not like or like when he is dying? My father-in-law who has stage 6 Alzheimer's has this health directive and living will telling us that he wants no artificial process but he wants medicine and comfort care.
If you have to be serious about he legal status when it comes signing, then you may want to ask the lawyer. We have no problem with that. No one really asked the question when he signed and etc.
Good luck,
Nina
There are, in fact, separate documents for financial and healthcare decisions. If your father has a power-of-attorney only for financial matters, then a healthcare proxy is necessary. However, there are few things you should know about this issue. A healthcare proxy (or healthcare POA) would allow you to act as the agent, making decisions related to healthcare that you believe your father would have made for himself. But, if your father has dementia, the ethics and legality of him signing such a document is questionable. If your father is lacking capacity, then he may not be able to sign such a document. One option may then be to petition for guardianship, which would allow you, or whoever is appointed as guardian, to act as the legal authority for your father. Each state deals with capacity differently, so it is advisable that you consult with an elder law attorney in your state to best decide your next course of action.
Important:
We hope you find this general health information helpful. Please note however, that this Q&A is meant to support not replace the professional medical advice you receive from your doctor. No information in the Answers above is intended to diagnose or treat any condition. The views expressed in the Answers above belong to the individuals who posted them and do not necessarily reflect the views of Remedy Health Media. Remedy Health Media does not review or edit content posted by our community members, but reserves the right to remove any material it deems inappropriate.
Featuring Content From:
By using this service, you accept our Terms of Use. Please read them. The consumer health information on is for informational purposes only and is not a substitute for medical advice or treatment for any medical conditions. You should promptly seek professional medical care if you have any concern about your health, and you should always consult your physician before starting a fitness regimen. Copyright © 2012 Remedy Health Media, LLC. All Rights Reserved.
