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rights of husband vs. power of attorney
Thank you for your question. Can you explain a bit more? What type of power of attorney is it? What is the situation?
My daughter holds power of attorney for my wife for finance and health.
What is my role in this arrangement?
Relist: Other.I got no anwer at all. I tried three times, and my further information was obliterated each time.
Relist: Other.No answer at all. Three times. And, all I typed inwas obliterated!
I apologize for the delay. I had gone offline by the time you responded back.To answer your question, the power of attorney would trump any right a spouse has to make medical decisions on behalf of his wife. A medical power of attorney is the person's advance directive indicating to the medical field who she wants making decisions for her, and the medical provider should legally defer to that document.For purposes of financial decision making, the power of attorney would also rule, except that the power of attorney may only direct the agent to act on behalf of the principal, and not the principal's spouse. For example, if a couple held a piece of real estate jointly, the agent under the power of attorney would not be able to sell that property without the other spouse's consent.I hope this answers your question. Please let me know if you have any follow-up questions or need clarification.
Experience: Divorce, child custody, child support, etc.