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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33229
Experience:  Attorney with 15 years experience
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I lost the original Advance Directive that my wife signed.

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I lost the original Advance Directive that my wife signed. All I have is a copy of the original.
Now my wife has Alzheimer's and it is advancing fast. My daughter also has a copy because she is my alternative on the form. The witnesses are still alive.

Is my copy valid for the powers assigned to me with this document?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Although the courts typically prefer to have an original in the event that legal action is necessary, it is much more common for health care providers to operate with a copy as they would just need something on file to prove that the designated agent had authority to act.
Even if this were to go to court for some reason (i.e. someone objected to your powers) it is typical for a court to accept a copy as long as there is no conflicting evidence that the grantor intended to revoke it.
But as long as you still have daughter and the witnesses convenient, I would suggest that you get a notarized affidavit from each of them stating that the original was lost, and they were never notified, nor have reason to believe that the original was ever revoked while the grantor was competent.
That will provide extra insurance in the slim chance that you are ever challenged as her agent.
Barrister and 5 other Family Law Specialists are ready to help you

Thanks so much for the positive rating and generous bonus, it is very much appreciated!


It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.



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