Does a hospital have to provide a copy of Power of Attorney to siblings?

My mom is in the hospital. I called to see her results and was told that my sister has POA? I asked to see copy and they said to call my sister. Does the hospital have to show me the copy of the POA?

Asked on June 17, 2016 under Estate Planning, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the hospital does not have to show you the POA--it's not the hospital's job to interject itself into family squabbles or police the appropriatenesss or even legality of a POA; rather, if the POA seemed valid on its face, they are allowed to rely on it and do not have to show it to any family. If you do not believe or trust the POA, if you mother is mentally competent, you can't do anything about it--as a mentally competent adult, it's up to her to protect her rights and interests. If you believe that she is mentally incompetent and that your sister is not protecting her interests or is taking advantage, you could file a legal action in chancery court to try to have yourself appointed as legal guardian. Note that is a complex action, much more difficult than, say, filing a case for an unpaid bill in small claims court, and you are strongly advised to retain an attorney to help you.


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