My brother is the durable POA for my mom. Last Dec when my mom had a home visit, her doctor asked her who she wanted to be in charge of her healthcare decisions and she said that she wanted me to be. So her doctor got me a healthcare rep form to fill out. She filled out my name and her name. Then I signed the part where it said delegated person and that is me. She watched me sign it.
Just found out from her atty today that my brother, as durable POA, covers her healthcare also. I thought that what I signed cancelled the healthcare part. This was faxed over to him in January of this year, before my mom was diagnosed with dementia. They never called me to tell me that it wouldn't hold. So I thought that everything was okay. I had it notarized and all. I told her atty that, via e-mail, and he hasn't responded back to me.
You cannot have her sign it now, since she has been diagnosed with dementia and cannot enter into a legally binding contract, which a Representative Agreement is.
You need to sit down with your bother and the lawyer handing your mother's affairs and sort this out properly.
So, just to cut to the chase (I can elaborate later if you like),
the wording "I understand that if I have previously named a healthcare representative the designation below supersedes (replaced) any prior named Healthcare Representative(s)" should act as elimination of your brother's previously granted authority, even though the document appointing him PROBABLY should have been amended to affirm that he still has the financial/business proxy.
I'm assuming though that the attorney signed as witness to you and your mother's signatures, as did the notary? If the notarization took place separately, there is a problem with the validity of the document.
I'll try later to elaborate if it helps you but right now I'm fed up with having what I write blocked by some kind of posting malfunction.
Really don't know what the atty thought.
My brother might not like it but oh well.
Taking care of meds and visits to the doctor are part of a health care proxy, but not the full spectrum.
And a well drafted health care proxy SPECIFICALLY addresses those life-saving measures.
I'm not trying to insult you, just to clarify the authority you will have when the time comes.
Thank you very very much!
If your document attests that she understands she has made a previous POA for Health and that she understands this one she made with you supersedes it, then it means that the latest one made with you is the one that has standing. However she cannot sign anything now due to the uncertainty of her mental status and diagnosis and the possiblity of dementia. At least not without a doctor attesting she is capable of understanding this, and a lawyer understanding she understands what she is signing.
And thanks for responding to my posts. At least I know someone's reading them ! Some people post and never come back again.
Sure hope this situation works out well for you.