The appointments of a health care agent and a financial power of attorney can sometimes lead to conflict.
Conflict can sometimes arise between a financial power of attorney with authority over a person’s financial affairs and a health care agent under a health care proxy with authority over a person’s medical affairs. While they are completely separate, they can disagree.
Imagine a scenario in which a health care agent wants the incapacitated person to receive certain medical treatments and the financial power of attorney does not. It might seem at first glance that the health care agent will get his or her way. That is the area that he or she is in charge of.
However, what if the medical treatments need to be paid for out of the incapacitated person’s funds and the financial power of attorney refuses to make the funds available? It would appear that an impasse has been reached.
An estate planning attorney can be of help in making these difficult decisions.
Reference: Wills, Trusts & Estates Prof Blog (Nov. 11, 2015) “How To Resolve Dispute Over Power Of Attorney.”
