Does an Advance Health Care Directive (Health Care Power of Attorney) trump the rules of a nursing home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an Advance Health Care Directive (Health Care Power of Attorney) trump the rules of a nursing home?
My mother lives in a memory care facility. She was prescribed a medication that makes her dizzy which always leads to a trip to the ER. The facility called me to share she was having dizzy spells, sleeping too much and experiencing incontinence. We both deduced it was this medication. I asked the staff to please stop giving it to her, they said no. When I insisted as her POA, they still said no. I understand they need a doctor’s order to stop medication officially and I offered to do so but it was too late; she ended up going to the ER. What good is an Advance Care Directive or Medical POA if I can’t use it to help my mom?
Asked on October 9, 2014 under Estate Planning, Texas
Answers:
Anne Brady / Law Office of Anne Brady
Answered 9 years ago | Contributor
A POA only gives you the same rights that your mother would have herself if she were in the position to make decisions about her own health care. Apparently, even if they had a patient who had her wits about her and said I do not want to take that anymore, they would still bring it to her until the doctor said to stop. It is a stupid rule, but at least if a person does not want to take medicine, the person can simply not swallow it. You can not do that for your mother. But a POA does not give you any more rights to dictate care than your mother would have herself if she were in her right mind.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.