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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
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Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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Hello: I made an accident in helping a relative create a

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Hello:
I made an accident in helping a relative create a health care power of attorney. I wasn't sure exactly what the correct form might be for their state at the time, so I submitted three nearly 95% similar of them to his doctor, with the same exact date on them, and then found out which of the forms was the one from their county website. All the documents have been signed. Two of the forms say in their document that they revoke previous documents. What do I do to keep one of them in effect (the one from the state website).
Thank you.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
Customer:
Hello: I made an accident in helping a relative create a health care power of attorney. I wasn't sure exactly what the correct form might be for their state at the time, so I submitted three nearly 95% similar of them to his doctor, with the same exact date on them, and then found out which of the forms was the one from their county website. All the documents have been signed. Two of the forms say in their document that they revoke previous documents. What do I do to keep one of them in effect (the one from the state website). Thank you.

Optional Information:
Country relating to Question: United States
State (if USA): Pennsylvania
LADYLAWYER : Before we get started, I just want to make sure you are aware of how the site works. I am happy to answer your question and will continue to provide you with help on this matter for as long as you need it, but then once we are through, I am going to ask that you rate the service I have provided to you. Leaving a service rating is the only way the experts get paid for their time and it costs you nothing further to do. Several of your past questions here have not been rated so I am not sure if that was just an oversight, if you were dissatisfied with the service provided, or if you just did not understand how the site worked. Just want to make sure you don't have any questions about this before we proceed.
Customer:

Thank you. I will rate your information. That was an over site on my part.

LADYLAWYER : Okay, thank you. With regard to these health care POAs, the last one executed would be the valid one. If they were all signed on the same day, the last one signed would be valid. If that is not the one your relative wants to be valid, s/he needs to execute a new one based on what s/he wants. The only other option would be to have the doctor destroy the two POAs that your relative says to destroy, leaving the correct one in the file. The doctor may or may not do this for your relative and may say a new POA needs to be executed.
LADYLAWYER : Have you spoken to the doctor or the relative about this yet?
LADYLAWYER : If the doctor will just discard the two POAs that your relative doesnt want in the file, this would be the easiest solution. Whether the doctor will do this or not would be up to them.
Customer:

No, I have not spoken to the doctor or the relative about this yet due to the time change. If the doctor does not want to do this, what should we do? Should we construct up a new POA with a later date on it (e.g. tomorrow's)?

LADYLAWYER : Yes. You are going to have to have your relative sign a new one with tomorrow's date and submit it to the doctor. This will simply revoke the previous POAs.
Customer:

Thank you.

LADYLAWYER : Hopefully, the doctor will just send the ones your relative doesn't want back to them or shred them. This would not be illegal to do, but the doctor may have an issue with it.
LADYLAWYER : You're very welcome!
LADYLAWYER : i have enabled the rating system now. Please try again. Thanks so much and good evening!
Customer:

I don't follow what you are saying. If not, where are they supposed to put them?

Customer:

Do they keep them in a file or something?

LADYLAWYER : If your relative calls the doctor and says they want form A to be the POA and not the other two, the doctor can just shred the two and keep the third on file or send the unwanted ones back to your relative and your relative can destroy them.
LADYLAWYER : yes, it is to be kept in the patient's medical file.
Customer:

Thank you.

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