If I have medical power of attorney for someone, what happens if I got sick or died?

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If I have medical power of attorney for someone, what happens if I got sick or died?

Asked on November 1, 2015 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In the case of a POA in general, if an agent (the person to whom the power is given) becomes incompetent, the principal (the person who gave the power)has the right to revoke the power-of-attorney privileges at any time. The steps for doing so vary from state-to-state, however in all cases, the principal should notify the agent in writing that the POA has been revoked and that they can no longer act on their behalf. The principal should also obtain the original power-of-attorney document from the agent.
In the event that the principal is incapacitated and their agent subsequently becomes incompetent, the principal's family members can go to court and request that a judge end the POA and appoint a guardian. If the agent predeceases the the principal, then of course the POA ends.
At this point, you should consult directly with a local attorney who can best advise you further.


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