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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3816
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Hello. Im in the process of becoming an unofficial guardian,

Resolved Question:

Hello. I'm in the process of becoming an unofficial guardian, not legally, but through Powers of Attorney. The person, a California resident, for whom I will act has mental issues and is agreeing to let me act in his behalf regarding all the issues granted
under a general power of attorney and under a medical power of attorney (maybe that's not the correct term). It is my understanding that California has a separate Medical Power of Attorney; but I would like to find a document that would incorporate the Medical
Power of Attorney into the General Power of Attorney. Is this legal? Can you provide such a document for my use? Thank you for your kind attention. ***** *****
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.
Good afternoon. I'll be assisting you with your question. I'm not aware of any POA form that incorporates both powers into one, mainly because a medical power of attorney CAN require the signature of a long-term care ombusdman if the person is in a long term care facility. Also, the medical power of attorney is mainly used when a person can no longer make medical decisions for themselves. If you want to have the power to make medical decisions before the person becomes incapacitated, Below is a medical power of attorney form that you may use with instructions.
http://www.ossmc.org/pdf/PowerofAtty.pdf
Below is another form provided by the Americal Medical Association. If you want to have the power to make medical decisions for this person now, you simply need to alter section 5.
http://www.americanbar.org/content/dam/aba/uncategorized/2011/2011_aging_hcdec_univhcpaform.authcheckdam.pdf
Customer: replied 1 year ago.
Hello. That helps. I'll give up my hunt for a combined document. This person is basically mentally incompetent but hasn't been declared as such by a court. His family would certainly agree he is and he is willing to sign the medical power of attorney for my use in getting him help with Psychiatrists, etc. Under those circumstances, will that 'fly' in California? Once he is under the care of a proper medical team, then I would suggest to him that he cancel the PoA. Please let me know if this would make sense.
Expert:  Chris T., JD replied 1 year ago.
Yes, that will work. The medical power attorney in conjunction with the general power of attorney will get you where you want to be. Since you have his POA, you will need to sign the financial agreements with the doctors, so either way you are going to be involved in his medical decisions. Since he and his family is consenting, most of this is just formality. I don't think you will have any issues under the circumstances you've described.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "rate" my answer. Good luck!
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3816
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Chris T., JD
Chris T., JD
Family Lawyer
3816 Satisfied Customers
I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.