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Old Jul 23, 2016, 09:12 AM
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KarenSue KarenSue is offline
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Member Since: Mar 2015
Location: Texas
Posts: 2,261
Hi phoenix. My understanding is that you are looking for a "Special Power of Attorney", not a "Durable Power of Attorney". The Durable typically grants all rights to another to act in your place for a wide range of things, such as the ability to dispose of your assets, the ability to enter into a contract on your behalf, etc. Many POAs are in effect before and after a person is deemed incompetent (by a doctor) but some may be designated to only grant powers while you are deemed incompetent. I have Durable POA for my 90 yr old mother, for instance, so I can take care of her finances for her, I can sign a work order to replace her A/C if it needs replacing, etc. (FYI: we paid $250 to an attorney to prepare the POA.)

The Special grants much narrower powers that you can specify, and can be designated that it does not grant any legal rights to another unless you become incompetent.

As for granting your husband access to your medical records, that can be accomplished by the HIPPA document required of all doctors to collect. There, you state to whom the doctor may release your medical information. I put my husband and my mother on HIPPA forms.

One last note: A Power of Attorney can be revoked by you in writing. Of course, you must be competent at the time you revoke it.

Hope I've helped.