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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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My daughters husband is in critical condition in the ICU.

Resolved Question:

My daughter's husband is in critical condition in the ICU. She just found out that her husband had signed a power of attorney to his mother, about a year ago when he had a back problem. His mother for some reason is going to try and use this power of attorney to have jurisdiction over who can and cant see the husband, that the mother gets all of the information only and not my daughter (the wife) and prevent her from seeing the husband etc... Is this possible? can a power of attorney override the wifes decisions and rights?
Submitted: 3 years ago.
Category: Legal
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your family's circumstances.

JB Umphrey :

Does your daughter have a copy of the power-of-attorney at issue?

Customer :

No copy. Just learned of this through a nurse last night. Suppossedly the mother mentioned this to the nurse and said the POA wouldl be brought in tomorrow (today).

JB Umphrey :

I see.

JB Umphrey :

Well, powers of attorney can take so many forms.

JB Umphrey :

A power of attorney is like the term "ice cream." Calling something "ice cream" still doesn't give you an idea of what you're really dealing with because it can come in so many different forms (iced milk, low fat, premium, no sugar) and flavors.

JB Umphrey :

The devil is really in the details of the document of what that particular power of attorney extends legal authority for and under what circumstances.

JB Umphrey :

So, technically, can a power of attorney be drafted so that a non-spouse has all decision-making power? Yes.

JB Umphrey :

However, there is no way to know if that exists in the circumstances of your son-in-law without first reviewing the document itself.

JB Umphrey :

Good luck and best wishes for better days ahead.

JB Umphrey :

I hope that you find this information to be helpful and this answer to be ACCEPTable!

JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 17 other Legal Specialists are ready to help you
Expert:  JB Umphrey replied 3 years ago.
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Edited by JB Umphrey on 1/1/2011 at 11:49 AM EST

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