You are here: Home Planning Ahead Durable Power Of ... Who Decides If I Am ...
Information about all aspects of finances affected by a serious health condition. Includes income sources such as work, investments, and private and government disability programs, and expenses such as medical bills, and how to deal with financial problems.
Information about all aspects of health care from choosing a doctor and treatment, staying safe in a hospital, to end of life care. Includes how to obtain, choose and maximize health insurance policies.
Answers to your practical questions such as how to travel safely despite your health condition, how to avoid getting infected by a pet, and what to say or not say to an insurance company.

Durable Power Of Attorney For Finances

Who Decides If I Am Incapacitated For Purposes Of A Power Of Attorney?

Next » « Previous

7/14

P>If your Power Of Attorney doesn't take effect until you become incapacitated, the question of how your capacity is determined becomes very important.

You can state in the Power how incapacity is determined. For example, you can say that two doctors must decide that you are incapacitated. You can refine this further and say that two doctors must decide that you are incapacitated, and one of them must be a doctor who attends to your care, unless the doctor is unavailable.

If the issue is mental competency, you may require an opinion from a psychiatrist or clinical psychologist with experience in this area.

If you don't provide guidelines for a decision of incapacity, a court can make the decision using usual standards in your state of residence.


Please share how this information is useful to you. 0 Comments

 

Post a Comment Have something to add to this topic? Contact Us.

Characters remaining:

  • Allowed markup: <a> <i> <b> <em> <u> <s> <strong> <code> <pre> <p>
    All other tags will be stripped.