If my mother does not have a medical power of attorney, do all her children have to agree upon her care?

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If my mother does not have a medical power of attorney, do all her children have to agree upon her care?

I was her primary caregiver for 1 1/2 years and lived with her. What rights to I have here?

Asked on September 3, 2010 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would stand to reason that you would have had the most amount on time and contact with your Mother to have had meaningful discussions with her on the issues of medical care, but that really may not be the truth.  What you need to do is if your Mother is no longer in the state of health to be able to sign a medical health proxy, you can apply to the court to be the guardian or conservator of her and her estate.  You could probably make a good argument to be appointed on her behalf but your siblings have every right to apply as well.  The court will undoubtedly hold a hearing as to the matter and render a determination based upon testimony.  Good luck.


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