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Roger, Attorney
Category: Estate Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother gave my sister and myself Durable POA back in Jan.

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My mother gave my sister and myself Durable POA back in Jan. 2010.
We actively took over by May of 2011.
She is 81 yrs young, has dementia and is longer capable of making sound decisions.
She is married, lives with her spouse 3/4 of the year. But did not want her husband controlling her finances for very good reasons. He longer has any access to her finances.
Nor will he receive what is left of her inheritance.

We are aware that he is entitled to her possessions if she precedes him in death.

My question:
Does this POA override his rights as "husband"?
He has made changes to her healthcare, he was not on her current policy.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

The POA does take precedence or does override the husband's right to make changes to your mother's health care decisions. The POA gives you and your sister the right to make decisions for your mother just as if you were your mother. Thus, if he has changed any medical treatment, protocol, etc., the POA can stop/change it back. Also, he likely doesn't have the authority to take that action anyway unless he has some type of authority - - other than being next of kin.

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