The favorite answer of attorneys: It depends.
If you have a Durable Medical Power of Attorney and Advanced Directive for Healthcare then the person(s) you appointed to make medical decisions for you will have the necessary authority. If at some point it is an end of life situation, then your wishes regarding end of life decisions will already be known. As far as paying your bills and managing your affairs, that will be done by your attorney-in-fact if you have named one in a Statutory Power of Attorney.
If you don't have any of the documents listed above then your medical decisions will be decided based on who state law says has authority. That law can be found here. The hierarchy for decision making is as follows:
1. A court appointed guardian;
2. A health care proxy, or alternate health care proxy, designated by the patient, in an Advanced Directive for Healthcare;
3. An attorney-in-fact authorized to act pursuant to the Uniform Durable Power of Attorney Act;
4. The patient's spouse;
5. Adult children of the patient;
6. Parents of the patient;
7. Adult siblings;
8. Other adult relatives of the patient in order of kinship; or
9. Close friends of the patient who have maintained regular contact with the patient sufficient to be familiar with the patient's personal values.
If you don't have a power of attorney to handle your personal and financial affairs, known as a Statutory Power of Attorney, in place then your family or friends will have to go to court to have a guardian appointed to manage your affairs until you are competent to do so again.
If you don't have these documents in place and want them or if you have additional questions, head over to the Contact page and schedule a time to speak with me.
AS ALWAYS THIS POST AND THE INFORMATION CONTAINED HEREIN ARE FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP SINCE WE DO NOT HAVE ENOUGH INFORMATION REGARDING YOUR SPECIFIC CIRCUMSTANCES TO RENDER SUCH ADVICE. IF YOU NEED LEGAL ADVICE, PLEASE CONTACT A LICENSED ATTORNEY.
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