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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3456
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My friend's parent is recently incapacitated and she can't

Customer Question

My friend's parent is recently incapacitated and she can't find the Power of Attorney for medical and financial matters she once had. The doctors are requesting it. What can she do? She is the only child. But her parent does have siblings.
Submitted: 10 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 10 months ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

I'm sorry to hear about this situation. Unfortunately, when an adult is incapacitated, they don't have the ability to enter into agreements like POAs. So, it would probably not work to have her sign something new. The best bet is to find the old document, obviously. Otherwise, if she's the only child and the parent doesn't have anyone else that can care for them or make decisions, I assume the doctor will have to accept your friend's guidance, otherwise who is going to make decisions for the parent? There doesn't appear to be much to do, based on the facts you have given me, except your friend to explain the situation to the doctors.

I hope this helps!

Michael

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

Customer: replied 10 months ago.
Much thanks, Michael. I thought since her father has siblings, it might get complicated if she wants to handle matters one way, and the siblings another way.
Expert:  Michael J, Esq. replied 10 months ago.

Very true. I'm unsure about how this would work, but assume the hospital has rules on who makes decisions when things happen like this. Without the document, your friend will be at the mercy of the hospital it sounds like.

Michael