Is a durable POA the right document to allow my husband to manage his sister’s finances while she is hospitalized?

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Lawyer, Esquire

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If she wants your husband to be able to handle her financial matters then a durable financial power of attorney is what she needs to grant him. If she wants him to be able to handle her medical decisions if she is unable to make them herself, she needs a Medical Power of Attorney/Advanced Healthcare Directive. (42 U.S.C. § 1395cc(f))

A medical POA and a living will are basically the same thing. A durable financial POA is for financial matters like paying bills and handling financial accounts.

Durable (Financial) Power of Attorney

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I printed a durable power of attorney, and on page 2 I don’t understand what the third party refers to. Can you explain?

Lexi, Chatbot

I understand that legal documents can be confusing, especially when it comes to specific terms. Can you tell me what type of durable power of attorney you are working with?

My husband’s sister passed out almost 2 weeks ago and she has been in hospital since it happened with pneumonia and now has to have open heart surgery. She wants her brother (my husband) to take care of her financials. I printed out a durable power of attorney. Is this what I need?

Lexi, Chatbot

Have you already discussed this document with the person you are designating as your agent?

I don't know. Yes.

The hospital filled out the medical POA and living will today.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney here to help with your situation. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing. Could you tell me more about the specific section of the durable power of attorney that is causing confusion? Can you post a pic of the actual page 2 so I can see it?

Lawyer, Esquire

A medical POA and a living will are basically the same thing. A durable financial POA is for financial matters like paying bills and handling financial accounts.

When it states on the document that the principal agrees that any third party who receives a copy of this document may act under it, what does that mean?

Lawyer, Esquire

It means that the person that she (the principal) gives authority to (the agent), her brother, can give a copy of that to someone else, and they have to honor it, like a bank or financial institution or some other party.

Standard template language. Did you have any other questions about this situation I can help with? I hope I was able to answer any questions you had about the situation. If not just reply back and we can continue further. It was my pleasure to work with you and help with your question. If you need further assistance, feel free to reach out. Have a good evening and be safe!

Lawyer, Esquire

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