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If my mom delegates a primary medical POA and an alternate. If they call the primary and they don't answer the phone does the alternate make the choice? Or only if primary is incapacitated or unavailable. Also can the Medical POA prevent certain people from visiting my mother if she is incapacitated?



South Carolina

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Preventing or determining who visits is not one of the duties of a Medical POA. Doing so might be seen as isolating your mother which is a form of elder abuse.
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AlvaDeer Jan 22, 2024
Yes.
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Missing a phone call is not a reason for the alternate to take charge.
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AlvaDeer Jan 22, 2024
Exactly. I see this sort of question as being not so much when can I intervene as when can I argue with. I am hoping against hope I am wrong.
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Depends how it is written. Me personally I am not in favor of more than 1 being in charge.

Normally the second in line steps in if the 1st one becomes unable to continue handling the responsibility.

Many family relationships have been destroyed due to in-house fighting over MPOA's, DPOA's and so forth.
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How is the MPOA written? Both people serve together or the alternate only serves if the primary can no longer carry out their responsibilities. And, if the primary can no longer handle the responsibilities I think for the alternate to take over they need to have the primary's responsibility revoked and the alternates invoked. Its not automatic.
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Some POAs are written so that more than one person has the authority to act at the same time (jointly and severally), but going by the post on this forum that doesn't seem to be a common choice. If medical POA (health care proxy) is not available and there is an urgent need there is hierarchy that is commonly followed, for financial matters it is unlikely there would ever be that degree of urgency.
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The alternative DOES NOT SERVE unless and until the primary POA is UNABLE to do his or her duties or RESIGNS his or her duties.
As you can imagine, anything else would be terribly confusing.

Now, were an MD to REQUIRE a health care decision, call the primary, and the primary's husband answered and said "Golly, she just died" then the MD may ask "Do you have the phone number of the alternate POA", and may call that person.

Look up the laws for MPOA for your State and google it in this way:
"Under what circumstances does an alternate MPOA serve in the state of __________."
If this is emergent, discuss with the doctor caring for your loved one.

More information will always get better answers on the Forum.
Your circumstances will help us to provide you with guidance in seeking information about you questions.
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