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No, generally your brother with a durable general power of attorney (DGPOA) does not have authority to supersede your father's advance directive.
Advance care directives are legally enforceable in NSW. Although NSW does not have specific legislation on advance care directives, the Supreme Court has said that valid advance care directives must be respected (as an extension to a person's right to determine their own medical treatment).
You can change your directives at any time. If you want to make changes, you must create a new form, distribute new copies and destroy all old copies. Specific requirements for changing directives may vary by state.
After I complete an advance directive, can I revoke it? Yes. You can revoke your living will or appointment of a health care representative at any time.
In most cases, your health care documents will be honored in other states.Most states accept health care directives from other states as long as the documents are legally valid in the state where they were made -- but this is not always the case.
A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.
Your advance health care directive should be witnessed by two people who can attest to your mental capacity or signed before a notary public. A witness may not be any of the following: a health care provider, an employee of a health care provider or health care facility, or your agent designated in the directive.
A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care or a health care proxy.
A person can change an Individual Healthcare Instruction by writing a new Advance Directive with the changes in it that she wants to make.A person can also revoke their Advance Directive orally, by telling their healthcare provider that they no longer want either the entire document or any parts of it enforced.