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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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can my father request that his DPOA for healthcare be activated

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can my father request that his DPOA for healthcare be activated if not declared "incompetent" as of this time? He is 88yrs old and wishes I ( his designated DPOA, daughter, nurse) assist in his healthcare decisions as he finds it too difficult to do on his own. Thank you.

Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

I am sorry to hear of your father's situation. Since he is competent he can execute a new Health Care Directive that is not "springing" (one that takes effect only on incompetence) to one that takes effect immediately. You can use the same format, just change the wording to make it take effect on execution. The Health Care Directive can be limited to making certain decisions or it can be a general one. However, while he is competent he can always override any decisions that you might make.To be sure that there are no questions, have it witnessed by two people and notarized. The staff at the nursing home will not witness a POA so you will need to get other witnesses and a notary.

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