Can a power of attorney get a “Do Not Resuscitate” order without the consent of the individual in that it involves?

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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 10 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.


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