Quote:
G-man could better extrapolate if power of attorney applies in a state that doesn't recognize gay spouses.


While the laws of each state vary, Power of attorney is a contractual relationship where the principal grants to the agent (the "attorney") the right to act in the principal's stead. Assuming no undue influence or fraud, the principal can name anyone he or she wants as his or her agent. Whether or not the parties are in a romantic relationship, or whether the state recognizes gay spouses is otherwise irrelevant. POA has nothing to do with marital status.

However, POA may not be the same as a health care proxy. In some states, POA does not override health care privacy or create the power to make medical decisions. In such case, the agent needs to execute a separate document, typically known as a health care proxy. Again, however, whether the state recognizes gay marriage would be irrelavent to the validity of the proxy.

Where gay marriage tends to come into play is when there is no POA or HCP and the state does not recognize the gay partner as next of kin. However, even that is not always gay specific. Similar problems may arise where opposite sex couples aren't married and when one is hospitalized.