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Ayoosh Asked January 2022

I am my father's POA. Do I have the right to make decisions for him over his wife, concerning the hospital?

My father is in declining health, he is currentlly in the hospital with an amputated leg, stage 4 liver disease and heart failure. His wife has prevented us from anyone from being involved in his life and wants to prevent us from even coming to the hospital. She put him in a terrible care facility which was so bad that I had to have him transferred to the hospital because of their neglect. I am his power of attorney. Am I able to prevent her from making any decisions on his behalf ?

Cashew Feb 2022
If you have MEDICAL POA and your father is not in postition to make care decisions for himself...you not only have the right to decide, you have the RESPONSIBILITY to decide his health care.
IF it is a financial POA, you take care of the money

MJ1929 Jan 2022
Make sure your POA extends to making medical decisions. A medical POA is not the same as a durable POA. Read the document to know what powers are extended to you and under what circumstances they take effect.

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JoAnn29 Jan 2022
If your father is competent he can make his own decisions. Just because wife is married to him does not mean she can override what he wants. He has a right not to have her on HIPPA paperwork.

Your POA is not in effect if Dad is competent. If he rather you make his decisions than he has made it effective. I would have him sign something that you make his decisions. If a Dr says Dad can't make informed decisions, then your POA is in effect, but get that in writing. Dad could always put u on HIPPA paperwork so you can talk to Drs and Nurses.

So, the answer is your POA does override the wife if it is in effect.

Remember though, any decisions that are made should be made with her in mind. She may depend on Dad's income to pay the bills. If Dad is placed in care, marital assets are 50/50. She is entitled to be taken care of. Medicaid allows those assets to be split.

97yroldmom Jan 2022
Be aware that your authority as a POA ends with his death. Are you also the Executor of his will?

Geaton777 Jan 2022
If you read your PoA document it will tell you when the authority is active: either immediately upon signing or with 1 or 2 medical diagnosis of incapacity. When the criteria is met, you are the one and only person legally making decisions in his best interests if there are no other PoAs named.

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