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Richard, Attorney
Category: Legal
Satisfied Customers: 55452
Experience:  Attorney with 29 years of experience.
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10 years ago when I was single I had a lawyer draw up a

Customer Question

10 years ago when I was single I had a lawyer draw up a medical power of attorney giving my brother power to make medical decisions on my behalf. Last month I got married, had some health issues, and completed forms at the hospital which were witnessed by hospital staff giving my new spouse medical power of attorney. Will the new document be considered the preferred document?
Submitted: 7 months ago.
Category: Legal
Expert:  Richard replied 7 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 7 months ago.

Hi Sherry. Yes, the most recent document will be used by the hospital, but it will not necessarily revoke the prior document in favor of your brother. So, unless you want them both to be able to act on your behalf, now that you are married, it's a good idea to officially revoke the prior POA in favor of your brother to avoid any confusion. To do that, you need to simply send a letter of revocation to your brother revoking the POA effective immediately and asking that he return the original. Even if he does not return the original, your revocation is still effective upon receipt. I would send the letter by certified mail and/or independent courier so you have independent proof of sending it and the date.

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