Is it possible for a primary agent of a medical power of attorney to keep information from me as the secondary agent in the contract?

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Is it possible for a primary agent of a medical power of attorney to keep information from me as the secondary agent in the contract?

Asked on September 28, 2015 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The secondary agent or "attorney-in-fact," which is the technical term generally only comes into play if the primary or first agent declines to serve or is unavailable to serve for some reason. Unless the secondary agent is called upon to serve, he or she has no right to medical information.


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