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How do I get a DPA? Does the Dr. have to declare the person incompetent?

Oakdale, CA |

Do I have to get separate DPA's for medical and financial?

Attorney Answers 5

Posted

You can only get a POA is the person in question has the capacity to execute one for you. Most attorneys prefer separate forms for medical and financial matters. These forms should be prepared by an estate planning attorney. They are usually not expensive to have prepared.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

In California we have Powers of Attorney for financial and personal affairs and Advance Health Care Directives for medical decisions. These documents are executed by a principal who grants the power desired to an agent. The documents can be effective immediately or upon someone's incapacity. Regardless, the principal must have contractual capacity to execute these documents. If the person no longer has capacity, the only option is a conservatorship.

If capacity is questionable you should not push it. The principal should select his or her own counsel and discuss options.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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Posted

Agree with colleagues. Once the person is incompetent, he or she does not have legal capacity to execute a power of attorney for financial and personal affairs.

Mr.Scalise offers a FREE consultation; he may be reached at 805-244-6850 or by email (craig@scaliselawfirm.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her.

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Posted

The person has to give it to you willingly while they have the mental capacity to do so. If the person is insane or otherwise not mentally competent - judge has to declare a person incompetent. If a person is not conscious, then you need to seek guardianship

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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9 lawyers agree

Posted

If competent, a principal can execute a POA allowing one to act for him or her. It can be effective immediately or upon physician certification of incapacity. It is best to separate medical and financial POAs. I would suggest that the principal meet with an attorney to ensure he or she is able to execute appropriate documents providing appropriate powers to the attorney-in-fact, given his or her needs. These documents are not particularly expensive, and professional preparation can go a long way toward ensuring appropriate documents are in place when needed. This is subject to the disclaimer below.

This is general information based upon limited facts, should not be construed as legal advice, and does not create an attorney-client relationship. The author is licensed in Indiana and Ohio attorney only.

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