How can I find out if an MDPOA actually exists?

UPDATED: Sep 16, 2011

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How can I find out if an MDPOA actually exists?

I have been denied access to health care data and decision making for my mother (only since my father’s death). She resides in an Alzheimer’s unit by my sister who states has the MDPOA. I am aware that by my father’s Will sis and hubby were made trustees of mom’s special needs trust and dad had made them representatives of his estate in his Will. Does making them his reps extend them POA appointments over mom following his death? In COdoes being POA give them exclusionary rights over medical decisions? How/where can I gain access to MDPOA for verification of its existence?

Asked on September 16, 2011 under Estate Planning, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are going to need an attorney to help you with this.  Does your sister have what is called a Health Care Proxy for your Mother?  That is what I believe that it is or it could be a medical Power of attorney if termed that way in your state.  Either way the form should be in file with the facility that she is in, but I doubt very much that you will be able to get a copy with out challenging it in some way shape or form.  I am confused by the part where you speak of an extension of the Power of attorney.  If he was the POA for Mom then it dies when he did and he can not Will it to anyone.  Please get an attorney to help you sort through the mess.  Good luck.

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