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Q&A: Health Care Decisions
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A hospital did a competency test on a patient and found that she was incompetent, but no one told the patient's daughter who was her agent under a medical power of attorney. If the hospital had given the information to the agent at that time, she could have applied for guardianship. Instead, the doctors told the agent's mom and her mom's boyfriend. The boyfriend then got an attorney and had the power of attorney changed to name him as agent and had the mother sign over a life estate to him. Isn't it medical malpractice to not disclose the information about the competency test to the person who is in charge of the tested person's care?
What is the best way for someone without family or close friends to plan for a medical surrogate (health care proxy) and a financial decision-maker in the case of incapacity?
My mother is in a nursing home. Does the woman who is acting as an agent under my mother's medical power of attorney have any responsibility to my brother and me? She doesn't like us, and I am afraid she won't notify us if something happens to my mom. She has already told the nurses not to let me take my mom downstairs to get some fresh air, which is not a medical issue.
My boyfriend's grandmother is in a nursing facility in Colorado. My boyfriend lives in North Carolina. Due to this, his sister has power of attorney (POA) for his grandmother’s health care, and she is preventing the family, including my boyfriend, from obtaining any medical or other information from the caregiving facility. The sister has told the employees not to give out information to anyone but herself. Does she have the legal right to do this or is her legal right narrowed to just making the medical decisions regarding her grandmother's needs? Is there anything that my boyfriend can do so that the caregivers can keep him informed about his grandmother’s condition, both physical and mental?
What are my rights as a daughter to information regarding my mother's medical and financial information? Approximately two years ago, my nephew had the power of attorney changed to him without my knowledge. She was in the beginning stages of Alzheimer's, and I feel she did not understand what she was doing. I never received a revocation. He now refuses to give me any information regarding my mother. The locks have been changed on her home. I have had the Office on Aging check into this and since then it has become even more difficult to get information. I only want to know what the condition of my Mom is and what is best for her. Do you have any suggestions?
tags: Estate Planning, Health Care Decisions