My friend was admitted to the local hospital after a few visits to the ER with a possible kidney infection and by 1 a.m. was moved to ICU.. Being as she is 22 weeks pregnant with twins and stands 5'4'' 130 lbs they were worried about the babies and transferred her to ST. John's ICU where she put in place that I was to be the one with the Medical Power of Attorney no matter what. It was completely legal before I even arrived at the hospital at 8 p.m. that night. At 5 a.m. she was doing extremely well and i felt i could get some sleep. By the time i woke up her biological mother had shown up and her sister was there. They would not give me updates were talking to the mother and sister and at 3 p.m. she was given morphine without my knowledge. Then by 7 p.m. her mother had POA. Is this legal?
Without knowing more, it is really hard to say. If she had mental capacity, she could have executed a POA during her stay in the hospital. Being in ICU does not preclude signing legal documents although it is obviously less than ideal. It is also possible that she changed her mind. There is no way of knowing, at this point. I would simply stay close and do what you can. Once she stabilizes, the doctors will look to HER for all consents, and she can determine what role you will have, if any.
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Attorney Frederick is correct. As long as your friend had the mental capacity to sign a new Power of Attorney, she could have done so. Indeed, it appears that the hospital received a copy of the same since they no longer provided you with information or the ability to make medical decisions for your friend. Your best bet, as Attorney Frederick noted, is to keep tabs on the situation and try to be helpful. Good luck to you.
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Criminal Defense Attorney
If your friend was competant, then you friend could sign a new POA. This would likely be phrased to invalidate any prior POA's. Your obligation to your friend is complete.
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