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Paul Mayer

Power of attorney

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Mother lives in Florida sons live up north. Mother is getting up there in age and has fallen quite a bit. Breaking bones in the outcome. The last two time she broke her knuckles on her right hand then fell 2 n weeks later and broke her elbow again. She needed surgery but the doctors gave her a choice and she decided to go home. The next week she was unable to sleep due to the pain so the son who has power of attorney demanded she be taken to the hotpital (Occala Fl) to have the doctors look and see if the surgery can be done to help releve the pain. The son made sure that if there was any change that he should be called immediately explaining how his mother is one of those who feels she should be in pain. Nurse explained that she was resting comfortably and he will be called if there are any changes. SHE WAS DISCHARGED 20 minutes later. She back at the assisted living still in pain. Doctors won't speak to the son who has power of attorney and we are not sure what to do now. Am I missing something please help if you can

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Power of attorney is not the be all, end all. It depends what on the scope of the POA. A POA also is not a substitute for a person of sound mind's own judgement and wishes. If your mother is capable of making her own medical decisions, no doctor is going to violate her wishes simply because her son wishes she chose a different option. If she does not want to have surgery and is willing to live with pain, that is her prerogative. If she were unconscious or otherwise unable to express her wishes, then a medical POA would come into play. 

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Not sure what sort of "help" you're seeking from anonymous strangers on the internet (or what your question is, if you have one), but it seems like your mother shouldn't be living alone.

 

 

1 hour ago, ElleMD said:

Power of attorney is not the be all, end all. It depends what on the scope of the POA. A POA also is not a substitute for a person of sound mind's own judgement and wishes. If your mother is capable of making her own medical decisions, no doctor is going to violate her wishes simply because her son wishes she chose a different option.

 

Absolutely agree.  A POA is nothing more than an authorization by one person (the "principal") for another person (the "attorney-in-fact" or "agent") to deal with third parties on the principal's behalf.  Two of the many important things to understand about POAs are (1) no third party is required to deal with the agent; and (2) that the principal has given a POA does not mean the principal cannot deal with the third parties herself.

 

If you think your mother isn't competent to care for herself, then you might look into an adult guardianship or conservatorship (not sure which term is used in FL).

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