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Family rights when disagree with emergency power of attorney in life & death decisionson appointed emergency power of attorney for his father through hospital after vehicle accident that left father incapacitated. Family members disagree with his decision to '"pull plug & not give food & water" b/c father now breathing on his own and showing signs of improvement. What is family recourse before this happens? If father dies in next week, other driver will be charged with manslaughter which will bring in a larger financial reward. Attorney answers (1)
Reputation Level 10
Answered over 2 years ago.
Family Law Attorney in Denver, CO.
An emergency power of attorney is different than a "living will" or advanced health care directive. A living will or advanced health care directive is completed by the individual who will be affected by the decisions. If the individual was acting with authority from either of these documents, then there is no recourse. However, since this individual is acting with authority from an emergency power of attorney, the father's wishes should be enforced. If father dies because of not receiving food & water, the individual who caused the accident has a very good argument that he/she did not cause the death. Instead the death was caused by the son's decision.
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