Elder Law Answers
Can My Sister Who Isn't Dad's POA Stop His Treatment?
- May 20th, 2024
Q
Dad was in the hospital, very sick. Mom was still alive and was medical power of attorney, then my sister, then myself. My other sister was at the hospital and called the house one morning. I wasn't home; she asked my spouse who had medical power of attorney. My spouse didn't know. My spouse told me about this when I got home, and that my sister had already made the decision to stop any treatment. Does the hospital ask who has medical power of attorney? Don’t you need to sign a form to stop treatment?
A
I don’t know about any forms – that would have to do with the hospital’s internal procedures. However, the hospital must honor the medical power of attorney. If the sister who was at the hospital was not named in the document, the hospital should never have followed her instructions.