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Subject:  Re: Response to Pixy's LIving Will article Date:  4/26/2000  9:51 AM
Author:  rhecker Number:  3712 of 20640

Pixy, or anybody...

If one has both a living will and a medical power of attorney, would that mean that the person with the power of attorney would make the decision (i.e. not the doctor)?

Also, if one has a medical power of attorney, which is "more powerful", does one really need to have a living will as well? Is there any risk that since there is a living will it could be honored before the medical power of attorney shows up to make any decisions?

And more generally, in regards to the springing durable power of attorney - if it's "durable", does it have to be "springing" as well and vice versa? Would a "springing" power of attorney not necessarily be "durable" and would a "durable" power of attorney not necessarily be "springing"? Maybe I just need more of an explanation to understand the difference.

Also, I was wondering what it is that makes it necessary for someone to go to court in order to have someone appointed as a guardian or conservator to acquire or sell assets to pay for such things as medical expenses. Why aren't the "next of kin" automatically given this right? Isn't it obvious that the person who is not medically capable of making the decision would want their family to take care of them rather than some court appointed guardian? Is this court appointed guardian better able to make such financial decisions about a person they don't know?

Why is this the way things work?
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