Ask Dale: "Who Has Durable Medical Power of Attorney if My Parent Remarries?"
Understanding who holds Durable Medical Power of Attorney for an aging parent is very important. One reader wrote, asking
"My father has remarried. Who now is responsible for making medical decisions if he is not able to speak for himself?"
Health care power of attorney, health care proxy, and health care surrogate are varying terms for the same function in different states. In cases of remarriage of a parent, knowing how this all works is essential.
By the time a health care power of attorney would need to step in, it would mean that a parent was unable to speak for themselves -- even temporarily. This would be determined by a doctor in order for the POA to have legal authority. Your father would most likely be in the midst of some serious medical condition. So you'll want to understand how this works in cases of remarriage so that you and your family are not caught by surprise, or the surrogate decision-maker is unprepared.
Listen to this brief audio below to understand how this works.
Talk to you soon...
[To PLAY - Click the Arrow below]
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