My mother's lawyer is her agent under a power of attorney....Read more
Technically, the person named on a medical power of attorney or health care proxy has a duty only to the patient, not to the patient's family. That said, it's certainly better for all concerned if decisions can be made as a team. As you suggest, the question of taking your mother outside is not necessarily a medical issue, so it’s a question as to whether it comes under the scope of the medical power of attorney. Depending on your state’s laws, this may be a gray area, which is all the more reason for everyone to work together. I’d suggest asking the social worker at your mother’s facility to convene a meeting with you, your brother, and the medical power of attorney to discuss how to best care for your mother.
For more information about health care proxies, click here.
Local Elder Law Attorneys in Ashburn, VA
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
Medicaid Rules, etc