Medical Power of Attorney

When my dad gives me medical power of attorney and the time comes that
i may have to use it, can his wife override it?

My dad had a serious heart attack and during the time that he was in
the hospital his wife was threatening some of his family and children
that they wouldn’t be allowed to go back and see him. If i have
medical power of attorney can she stop me from going back and seeing
my dad if that ever happens again?

Asked on August 16, 2018 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, she cannot. You father had the power to designate anyone he wanted to have the power to make medical decisions for him, by a medical power of attorney, and being his spouse does not give his wife the power to override his clearly expressed wishes (assuming the document was properly drafted, witnessed, and signed as per your state's laws, and your father was mentally competent when he created it). A person is not required to give this power solely to his spouse. The power to make medical decisions for him necessarily includes the right to visit him in a hospital, rehabiliation center, nursing home, or hospice, so you can see his condition and confer with his nurses and physicians.

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