If I have POA over someone that has been in ICU for over 6 months, do I have the say over whether or not they are moved out of state to another facility?

Asked on April 7, 2015 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming that you have the typical POA conferring broad power over finances, but no medical decision making power, then you indirectly have a say: while you cannot, in this scenario, make decisions about medical care, your authority to make financial decisions means that you can necessarily weigh in this move, since you'd have to approve and pay the bills. That does not mean that you get an absolute veto or say, and the interplay between your POA and the authority of whomever is authorized to make medical decisions is complex and, if you truly cannot agree, may require a court determination. The above is just a general answer: you have to review any documents (like the POA) carefully to see what they in fact say, since such documents and the power or authority they give is governed by the documents terms and language.

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