[NY] Does a Power of Attorney automatically cover medical decisions?
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Here is a summary of our phone call:
What we covered:
- You are assisting your incapacitated uncle, whose son is away at college.
- You filled out a New York statutory durable power of attorney form for medical and financial decisions.
- Concerns were raised about the legality of the document and ensuring compliance with the law.
- It was clarified that your uncle must consent to the power of attorney, as his son cannot legally designate you.
- The importance of having two disinterested witnesses for the document was discussed. (§ 5-1501B)
Next Steps:
- It was recommended to obtain consent from your uncle, even if non-verbal, to make the power of attorney legal.
- Suggested getting two disinterested witnesses to sign the document.
- Ensure your uncle's son and doctors are informed and in agreement with the arrangements.
- Keep a paper trail and involve the son and doctor in financial and medical decisions.
I hope this helps! Let me know if you have more questions - Legal Eagle
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Does this include healthcare if included in the clauses is medical decisions as well?
I understand you have a question about healthcare clauses. Are you specifically asking about medical decisions being included in these clauses?
Yes, if I have a power of attorney does it grant over medical/health care?
Can you provide more details about the clauses you are referring to and how they relate to healthcare and medical decisions?
Oh okay well I can just type what I have?
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with power of attorney.
We are in an emergency because our family member health care is declining and we are trying to protect ourselves.
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! What state are you doing the POA in?
New York
Ok I understand what you mean in this case! Are you taking or receiving POA?
I have drafted a new york statutory durable power of attorney i will be delegated by my family members son because he is overwhelmed with medical and financial woes.
We specifically need to know does this include medical. We drafted a few clauses and want to know if they will be valid to cover our family's medical decisions as well.
Receiving the POA. His father is unwell and he needs help.
Ok I've got what you're getting at here! Were there any other facts you'd like to add before I answered your question?
Also, I really appreciate you using AskaLawyer — it means a lot to be able to help.
Let’s make this a smooth session for you, and you can add me as a favorite after we're done.
Here is a summary of our phone call:
What we covered:
- You are assisting your incapacitated uncle, whose son is away at college.
- You filled out a New York statutory durable power of attorney form for medical and financial decisions.
- Concerns were raised about the legality of the document and ensuring compliance with the law.
- It was clarified that your uncle must consent to the power of attorney, as his son cannot legally designate you.
- The importance of having two disinterested witnesses for the document was discussed. (§ 5-1501B)
Next Steps:
- It was recommended to obtain consent from your uncle, even if non-verbal, to make the power of attorney legal.
- Suggested getting two disinterested witnesses to sign the document.
- Ensure your uncle's son and doctors are informed and in agreement with the arrangements.
- Keep a paper trail and involve the son and doctor in financial and medical decisions.
I hope this helps! Let me know if you have more questions - Legal Eagle
