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Brother has power of attorney (POA) for mom, can he make a health care deicison for her sister (mom is poa for sister)

Detroit, MI |

Mom had stroke, is in hospital. She is caregiver for sister. Sister needs to be moved to assisted living center. Can my brother who has poa for mom, make decision to move sister? Mom has poa for sister. If mom dies, then must we use sister's poa contingents on poa listed after mom? Or can my brother still make a decision for sister if mom dies?

Went to the lawyer yesterday. Brother is seeking guardianship and conservancy for sister. Contingents on medical POA are being asked to sign off on responsibilities, since they are also elderly and located out of state in AZ. May need to move sister before guardianship is granted. Please discuss guardianship as it relates to my situation. Brother has medical and durable poa for mom. Mom has medical and durable poa for sister. Thanks again.

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Attorney answers 1


If the POAs that you are referencing are medical POAs , they should be helpful in the situation that you set forth here. One thing that you should know is that only a person with POA over sister can act on sister's behalf. If your mother is unable to act for sister under sister's POA, (due to her being sick now) the alternate/contingent attorney-in-fact in sister's POA would be able to act for sister. Your brother being POA over your mother has absolutely nothing to do with your mother being POA over sister. They are 2 different people and 2 different POAs.

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