Does my mom's "do not resuscitate" living will count as a durable power of attorney incase she can't make decisions on her own?

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1. 

   Michael T MillarPro

   Toms River Litigation Lawyer

   Contributor Level 18

   

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   Answered February 02, 2013 10:36. A living will and a health care power of attorney are two different documents.
   
   A living will (aka "advanced directives") typically provided guidance on what medical care the person wants or does not want.
   
   A power of attorney grants powers to one or more persons to act as the agent of the grantor.

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2. 

   James Frederick

   Livonia Power of Attorney Lawyer

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   Answered February 02, 2013 12:03. No. You need to have a Durable Power of attorney in order to act on your mother's behalf. If she is no longer capable of signing such a form, then your alternative would be to seek probate court appointment as her guardian. You may also need to be appointed her conservators, if you need to make financial decisions for your mother.
   
   James Frederick

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3. 

   Steven Zelinger

   Blackwood Estate Planning Attorney

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   Answered February 02, 2013 13:15. Sometimes the health care power of attorney and advance directive are treated together in one document, many times they are separate. The document, in order to be a power of attorney, would have to say something like "I am the principal, and I name X to be my agent."

   This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... moreThis is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/ less

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