Does Power of Attorney override the Medical Power of attorney?

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Does Power of Attorney override the Medical Power of attorney?

My brother is legal financial power
of attorney. I am legal medical power
of attorney. He said he could override
me, is this true?

Asked on February 17, 2017 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It really depends on how they are worded....however, usually one does not override the other because they have different functions.  The general power of attorney is the ability to make legal and financial decisions...whereas the medical power of attorney is limited to medical issues.  A medical power of attorney is more specific (usually) and controlling than a general power of attorney.  However, to know that for sure, you would need to have an attorney review the actual documents.


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