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As a terminally ill person, how can I give my daughter legal authority over my healthcare and finances when it’s time?

I am terminally ill but I’m not sure I filled this form out correctly. I want my daughter to make all decisions about my health when it’s time.

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Legal Eagle
Legal Eagle

128,690 satisfied customers

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I’m so sorry about this situation. I want to address your concerns with a detailed response, and if you have any questions, don’t hesitate to ask — this area of law can get complicated.

Short answer:

You need two documents:

  1. A healthcare directive / healthcare power of attorney naming your daughter

  2. A durable power of attorney giving her financial authority

Without these, decisions could fall to a court, which is not what you want.

Long answer:

The form you filled out likely needs to be replaced with the proper ones. For healthcare, you need an advance directive or healthcare POA. For finances, you need a durable POA. Both should clearly name your daughter and can include your wish to stay alive as long as possible for your son.

Step-by-step:

  1. Download your state’s official advance directive form

  2. Name your daughter as your healthcare agent

  3. Clearly state your wishes regarding life-sustaining care

  4. Sign with required witnesses or a notary

  5. Download your state’s durable power of attorney form

  6. Name your daughter as agent

  7. Sign per state requirements

  8. Provide copies to doctors and your daughter

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Power of Attorney Form

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I am terminally ill but I’m not sure I filled this form out correctly. I want my daughter to make all decisions about my health when it’s time.

Lexi

Lexi, Chatbot

I’m sorry to hear about your situation; it’s important to ensure your wishes are clearly expressed. Can you tell me if you have already created a power of attorney or advance healthcare directive?

No, I’m not sure how.

Lexi

Lexi, Chatbot

What specific concerns do you have about the form you filled out regarding your healthcare decisions?

Just in general, just not sure what I am doing.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your healthcare decisions.

I don’t know. I have an adopted child who is 14 and it’s my wish to stay alive as long as I can for him.

Legal Eagle

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in this area of law. I’m more than happy to help you with your situation.

Have you discussed with your daughter and documented who would care for your 14-year-old child if something happens to you?

Yes, it will be her. He’s drawing Social Security off my husband who is retired. I am disabled.

I’m not sure how to set that up.

Legal Eagle

Legal Eagle

Ok, thanks! Just a few more questions.

Do you want your daughter to have both medical and financial decision-making authority, or just healthcare decisions?

I don’t have anything documented.

Both.

Legal Eagle

Legal Eagle

Understood. So you’re just wondering what you need to do here, correct?

Yes, correct.

Legal Eagle

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start answering your question.

I am stage 3B kidney failure. I only have one kidney and I have heart disease, but I’m hanging in tight and doing everything I can.

That’s all.

Legal Eagle

Legal Eagle

I’m so sorry about this situation. I want to address your concerns with a detailed response, and if you have any questions, don’t hesitate to ask — this area of law can get complicated.

Short answer:

You need two documents:

  1. A healthcare directive / healthcare power of attorney naming your daughter

  2. A durable power of attorney giving her financial authority

Without these, decisions could fall to a court, which is not what you want.

Long answer:

The form you filled out likely needs to be replaced with the proper ones. For healthcare, you need an advance directive or healthcare POA. For finances, you need a durable POA. Both should clearly name your daughter and can include your wish to stay alive as long as possible for your son.

Step-by-step:

  1. Download your state’s official advance directive form

  2. Name your daughter as your healthcare agent

  3. Clearly state your wishes regarding life-sustaining care

  4. Sign with required witnesses or a notary

  5. Download your state’s durable power of attorney form

  6. Name your daughter as agent

  7. Sign per state requirements

  8. Provide copies to doctors and your daughter

Legal Eagle

Legal Eagle

Does this help clarify things?

I’ve already downloaded the advance directive for my state. I haven’t filled it out yet.

So the form I just filled out — I shouldn’t use that, correct?

Legal Eagle

Legal Eagle

You’re right to double-check. The state advance directive is the correct form to use. The other form may not carry the same legal weight. It’s good you caught this now.

Will she receive my son’s Social Security checks?

Legal Eagle

Legal Eagle

If your daughter becomes your son’s legal guardian, she can usually continue receiving his Social Security benefits on his behalf. Social Security may require her to be formally named as representative payee, which can be handled through the Social Security office.

Thank you.

Legal Eagle

Legal Eagle

Of course.

Legal Eagle

Legal Eagle

128,690 satisfied customers

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