What am I libel for regarding giving contact information for a friend’s medical emergency?

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What am I libel for regarding giving contact information for a friend’s medical emergency?

I gave my name as a contact person along with another person for a mutual friend’s medical emergency. The other person agreed in the presence of the patient to be medical power of attorney. We did not sign anything. What if anything am I libel for? My friend is doing well after surgery. The person who agreed to be medical power of attorney made it a point to rescind her power legally. Should I do the same?

Asked on November 13, 2016 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are simply a medical/emergency contact, then you are *not* liable for anything unless you do something deliberately wrongful--e.g. deliberately pass on incorrect information that harms the friend.
If you have a medical POA, you are *not* obligated to act or make decisions: the POA gives you authority, but does not require you to use it. IF you do make a decision for this person (if he is mentally incompetant, unable to communicate, etc.), you could in theory be held liable for the outcome of that decision, if you were *at fault* in some way in making it: going against the weight of medical advice and any wishes previously expressed by the friend, for example. But decisions made in good faith based on medical advice are not ones a person with a medical POA would be liable for. (And further: many POAs actually provide that their agent--the person given power--is not liable under or due to the POA; you can check what any POA says to see if it provides this additional protection.)


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