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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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With durable power of attorney for health care can I decide

Customer Question

With durable power of attorney for health care can I decide where a patient can receive treatment and can a facility keep a patient against a legal guardian's wishes?
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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With durable power of attorney for health care can I decide where a patient can receive treatment and can a facility keep a patient against a legal guardian's wishes?

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No, a legal guardian trumps a durable POA. So if a legal guardian has been appointed, then they have the authority to determine everything that happens to the ward and what care they receive.

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These are two different things... a durable POA for health care is someone who is appointed by the grantor of that power to make care decisions if that person is unable to do so. But a legal guardian is appointed by a probate court judge to basically be in control of a ward's entire life.

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So a guardian has much more authority than a POA and has unfettered authority to determine a ward's care with the court's approval.

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thanks

Barrister