Yes, he should, but not tor the reason he states. A durable power or attorney for healthcare cannot be transferred, nor does it reach beyond the agent named in the document. Being the father's agent does not grant the son rights to his mother's records.However, this situation takes place in Maryland, one of several states with surrogate decision-making statutes. The Maryland statute provides for a hierarchy of substitute healthcare decision makers in instances where a patient has not named a healthcare power of attorney agent or the named agent is unable to serve.
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