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General durable power of attorney, also known as power of attorney for finances, allows the named agent to act on behalf of the principal to handle that person's finances such as banking, paying bills or selling a house.
The agent manages financial assets, but may not make health care decisions. A limited power of attorney has limited powers, giving the agent the authority to handle affairs of the principal during a period of time, such as when the principal is traveling out of the country.
A Power of Attorney might be used to allow another person to sign a contract for the Principal. It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the Principal cannot do for one reason or another.
If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.
The power of attorney does not in any way make you responsible for any of your mother's debts. The only way you could be held financially responsible for a debt is if you are named as an owner or a co-signer on the account or loan.
A durable medical power of attorney gives the health care agent broad power and responsibility to make decisions regarding the principal's medical treatment, including medication, tests, nourishment and hydration, as well as decisions regarding surgery, doctors, hospitals and rehabilitation facilities.
A grant of power of attorney legally gives a person the authority to perform acts for another person in business dealings, legal matters and other issues. The person who is authorizing the other individual to act on his behalf is known as the principal. Other names are donor or grantor.
A Medical Power of Attorney is a legal instrument that allows you to select the person that you want to make healthcare decisions for you if and when you become unable to make them for yourself. The person you pick is representative for purposes of healthcare decision-making.
Agent Not Liable Although a financial POA gives you control over the finances of the principal, you do not become personally liable for debts incurred by the principal. This means that even if nursing home bills exceed the principal's ability to pay, you do not have to use your assets to cover the outstanding balance.
Answer: Yes, an individual that has been given a health care power of attorney will have the right to access the medical records of the individual related to such representation to the extent permitted by the HIPAA Privacy Rule at 45 CFR 164.524.
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