MEDICAL POWER of ATTORNEY and ADVANCE DIRECTIVE with RESPECT to HEALTH CARE DECISIONS and POST MORTEM DECISIONS Form
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FAQs texas halachic directive advance form
My fiancé has had a stroke and is not able to make decisions at this time. No advance directive was written and no medical power of attorney was assigned prior to the stroke. Would his POA fall to his mother?A power of attorney is a legal document created by a person competent at the time of its creation which grants authority to another person, usually referred to as the attorney in fact. No, a power of attorney is not created or made by default in the absence of an actual power of attorney, which remember is a document, having been made by a grantor, just because one perhaps should have been made and is needed. Nothing “falls“ to anybody under the circumstances you describe. Talk to a probate court attorney about the possibility of going into court to seek a guardianship and/or a conservatorship under the circumstances you describe. This would involve filing petitions in probate court and following all of the procedures required, which includes giving notice to any and every person possibly interested in the matter, and then giving sworn testimony to the probate court judge.