Can a power of attorney get a “Do Not Resuscitate” order without the consent of the individual in that it involves?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a power of attorney get a “Do Not Resuscitate” order without the consent of the individual in that it involves?
The individual has a living Will and is of sound mind and does not want the order.
Asked on October 6, 2010 under Estate Planning, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As long as the person is of sound mind, he or she should be making his or her own decisions regarding medical treatment. If the person's condition is such that the person cannot make decisions regarding medical treatment, a durable power of attorney for healthcare would allow the person holding the power of attorney to make decisions regarding medical treatment such as do not resuscitate. The hospital, nursing home or other medical facility where the patient is being treated has forms authorizing do not resuscitate or alternatives such as full code which authorizes all treatment such as CPR, etc. Without the appropriate power of attorney such as a durable power of attorney for healthcare, the hospital, nursing home or other treatment facility will not allow another individual to authorize do not resuscitate. In the absence of specific authority to make that decision, the hospital, nursing home or other treatment facility will continue with full code so that all measures for resuscitation are implemented. A valid power of attorney has to be signed by the person granting power of attorney to the individual who is to exercise power of attorney. Power of attorney requires the consent of the person granting it to another.
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.