Reply to MIL problem (AGAIN!).... re. nursing home/decision making...

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[quote=Anonymous]FYI, so we can better discuss options without wasting everyone's time, the POA for my MIL is entitled "DURABLE GENERAL POWER OF ATTORNEY" and it lists my DH as the sole true Agent for her. It goes through several lengthy provisions that focus on her property, estate, taxes, bills and other fiduciary activities/tasks/obligations. Then comes number 8:

"To make whatever arrangements and to decide upon whatever courses of treatment that may be necessary, beneficial or desirable for my care, comfort, welfare and maintenance, including health, medical, surgical, dental and nursing care, and for my admission to confinement in and release from hospitals, nursing homes and other institutions. In this connection, I hereby authorize and empower my Agent to arrange for and consent to medical, surgical and therapeutic procedures for me including the administration of drugs." It then continues with what I believe is a clear statement of a Living Will (the same language exists in her separately written and witnessed Living Will).

In addition, while the POA was written to conform to the state laws of Pennsylvania, it includes language to demand enforcement in other states of the US as per the reciprocity agreements between US states.

Additionally, near the end of the POA there is this statement: "If the occasion should arise for a court to appoint a guardian of my estate or a guardian of my person, I nominate my Agent herein appointed to be the guardian of my estate and the guardian of my person."

I hope this information is helpful for everyone; I find your feedback to be very helpful and useful all the time!

OP[/quote]

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