can a doctor legally appoint power of attorney to a family member?
Friday, May 21st, 2010 at
11:50 am
my grandfather’s dementia is really bad now. my grandmother has dementia as well. they are both in their early 80’s. they did not sit down when they were in their right minds and set a specific person as a POA. now that they are worse can the doctor legally appoint someone medical power of attorney? i thought that since there is more than one child that they have to consult both children? am i wrong?
but not only one child can make all of the decisions? right?
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Filed under: Attorney FAQ
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only a judge can approve a petition to the court to grant someone power of attorney. a medical doctor cannot do so
in the absence of a power of attorney i would hope the doctor would communicate with the next of kin. in your question i agree the children of the grandfather and grandmother should be consulted. that assumes that all children can be reached in time and agree on a useful decision
If both have dementia beyond the ability to sign a POA, then someone needs to take guardianship through the courts.
The Doctor does NOT have the legal authority to appoint a POA for anyone but himself. THe doctor CAN choose one child as a liaison with the family. TO have to consult with more than one child on every medical decision would be ridiculous.
I believe it has to go through the courts. The doctor can give his recommendation, but he does not make the final decision. Consult an attorney.
The exact process will depend on the state, however doctors can not issue power of attorney. It may require a trip to court to have them found incompetent to manage their own affairs.
Each state also has laws that cover who can authorize necessary treatment when a person is unable to decide for themselves.
No, doctors cannot appoint POA. If these folks aren’t in their right minds, someone needs to file with the court for appointment as POA, and if the court agrees, that person gets it. But it’s only one person.
No. But the doctor’s testimony will be needed in court to do that. They don’t have to consult the children AT ALL. The Court makes the final determination of guardianship over the grandparents and will be the one to grant a “POA” in such a state of affairs.
No.
A Power of Attorney can be appointed ONLY by the grantor, and they must be mentally competent to do so. Since your grandparents are incompetent, someone is going to have to petition the court to have them declared legally incompetent and be appointed as guardian or conservator. Only a court can do this.
Richard
No, the doctor cannot legally appoint anyone as medical POA. Typically state law will say who needs to be in the decision making loop. In Pa, where I practice law, it would be both children unless there is a spouse.
This is a good example of why people need to get their affairs in order. Everyone needs a will, power of attorney and medical POA/living will. As an estate planning attorney I see tragedies every day because people don’t create these documents and update them as necessary. The money and family discord that results is horrible. The legal fees involved in taking care of this are minimal compared with the horrors of not doing it.
Do YOU have a medical POA?
There is no such thing as a medical power of attorney. If they have power of attorney and your grandparents did not sign it then it had to be granted by the courts. If the doctor is asking permission for medical treatment and there is no healthcare proxy than they would ask the next of kin which would be the oldest child. The do not have to consult with all of the children.