When is it determined as the agent for fathers general durable power of attorney? Is it immediate or does someone had to deem his incompetent

Get Legal Help Today

 Secured with SHA-256 Encryption

When is it determined as the agent for fathers general durable power of attorney? Is it immediate or does someone had to deem his incompetent

My father has been placed in hospice
by doctors with his approval. He
appears to be mentally competent but
he is being irrational and lying to do
things against family and medical
personnel recommendations that could
put him in harms way. Saying whatever
it takes to get anyone to be on his
side. Getting angry and threatening to
remove me as his power of attorney ,
among other harsh words. Not sure
how the paperwork is worded if I can
make decisions in his behalf now or if
something must be signed off on. The
way I read his POA it seems in effect. I
dont want to try to enforce decisions if
I legally cant.

Asked on June 27, 2019 under Estate Planning, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Generally, a power of attorney ends at death unless there are grounds to terminate it sooner or language in the power of attorney authorizes early termination.
There is a power of attorney for financial matters.
There is a durable power of attorney for health care which authorizes making medical decisions for a person who is unable to make those decisions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption