What authority does an invoked health care proxy have?

This OP has a number of posts dealing with POAs. Her brother holds the Financial POA, OP the medical. As Burnt said in most recent post, responsibilities are written in the POA. This was after I said both POAs and siblings need to see an elder lawyer to explain responsibilities of each and what will happen if Mom needs a NH. The recent post was asking how they can evict the Financial POA if Mom goes into care. This family needs a mediator.

dnajaras: An elder law attorney could better answer your questions regarding Medical Power of Attorney/invoked Health Care Proxy.



Meaning of dementia in English


dementia
noun

a medical condition that affects especially old people, causing the memory and other mental abilities to gradually become worse, and leading to confused behaviour:

source: Cambridge Dictionary.

Depends on how document is written and multiple factors. Best to confer with an Elder Law Attorney to get clarity.

My experience in MA was that MDs, including the attending psychiatrist, were reluctant to write a medical order invoking the health care proxy. It was the only way that the specialist psychiatrist (geriatrics) could talk to me without my mother present. (Mom refused to even speak on the phone to any doctors, once she was discharged from psych unit - sent there involuntarily due to threats to harm self and others.) I had to specifically request that her PCP do the documentation required to invoke the HCP. It wasn't a progress note in her medical record (visible to other parts of the care system.) It was a letter to me. So, I printed out a copy of the letter and put it in the same envelope as the HCP. Worked well for me.
She did have a diagnosis of Alzheimer's dementia by then.

What Is a Medical Power of Attorney? - Ramsey (ramseysolutions.com).

Access the above online and Dave Ramsey (as well as a ton of other sites) have a good explanation of what a MPOA is. It can accomplish exactly what it is written to accomplish so read your own document. Basically you are to follow the wishes and dictates of a competent person who appointed you when they WERE competent, to carry forth their wishes, and mostly at the end of life.

As to what powers you have when end of life issues are not at the fore, that becomes very dicey when you start to tell doctors what medications can or can't be given. That would occur only when your principal was adjudged incompetent by the courts. Otherwise, even in a person with limited understanding, medical care will more or less go as they wish it to go when speaking with their doctors.

The MPOA usually has access to doctors, and to records and tests if required. But most MPOA work is done at end of life, when the person with dementia is no longer competent whatsoever in their own care, when decisions for Hospice and Palliative care come to the fore.

As to the word dementia, I am wondering what word you would think preferrable? We used to call all manner of unique conditions "senility" when I was a young nurse, and we had no idea of various conditions extant such as Lewy's versus TemporalFrontal, versus Alzheimer's (and a multitude of others) etc. I find dementia ever so much better. Wondering what wording you would prefer? Most words are too nebulous. When you use something like "mentally compromised" you get into "in what way?" and other questions. I don't find the word dementia to be in any way derogatory, myself.

Consider discussing your own MPOA with the physician in care of your parent; that person will be more familiar with your own document, the patient, and the laws of your state. I sure wish you the best of luck.

Yes, read the document, which may specify when the medical authority becomes active. In many cases it requires 1 or 2 medical diagnosis of incapacity. Often the document also designates which decisions can be made on the assigner's behalf.

Not sure what "100% dementia" looks like in any single person but if you are with this LO every day you will be able to determine if they make sound, irrational or harmful decisions for themselves. If it's either or both of the latter 2, then the MPoA needs to step up.

The process in my state was to take the documentation for active authority and the MPoA paperwork to each and every doctor the LO sees so that they can make a copy of it and have it on file. That's how it worked in both MN and FL where I am MPoA for 2 LOs.

Read the document. Usually you become the proxy when doctors come and ask you. It is your responsibility to have a doctors office make a copy for their records. Same with MC or SNF. The person still has rights if lucid enough to make choices. Once doctors determine this is not the case then you will be contacted.