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Pregnant woman in ICU and mother and sister somehow took Power of Attorney away from me can i do anything about this?

Tulsa, OK |

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?

Attorney Answers 3

Posted

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.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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6 comments

Asker

Posted

the problem is her mother is leaving in a week to go back to texas and is trying to take her with her and with her having POA according to the hospital i cant stop her. From what i know and like i said i havent been told anything since the night shift doctor had gone off duty the day shift doctor i never met and never recieved any information from as well as the nursing staff refused to tell me anything and this was while i was still appointed POA then she gets the morphine and is out cold last anyone knew and all the sudden im off POA and her mom is on it nobody was told or asked or notified of anything all day long except her mother and sister. Is it not illegal to ask someone medical questions and legal questions like that under the influence of the morphine?

James P. Frederick

James P. Frederick

Posted

It is not illegal to discuss this with someone in her condition. Whether the documents can be challenged on that basis is another issue. Hospitals are concerned about their liability. It is possible that the mother presented other documents from prior to the hospitalization that the hospital decided took precedence. It is also possible she had a lawyer visit the hospital with her and they persuaded the doctors and administration that the POA you had should not be accepted. It is too difficult to say without more information. You might consider speaking with a probate lawyer to see if you have other options. But when it comes to these types of decisions friends on the one hand are often over-ruled by family, on the other. If you are the parent of the children, that might be another matter, as well.

Asker

Posted

how good are my chances when the mother signed legal rights over to the oldest daughter when the one in question was 17 and then the day after she turned 18 the sister in question kicked her out knowing she was pregnant and the female has been in my care since then because she was kicked out with no clothes no shoes no phone and nowhere to go while pregnant. this was why i was put in control as well as they are not letting the father of the children know anything or even in the room and as far as i know he still has the rights to the unborn children correct?

James P. Frederick

James P. Frederick

Posted

Yes, the father still has rights. I would discuss this all with the administrators at the hospital to determine if there is any way to get them to budge. The whole thing sounds weird to me. If you cannot get any relief, getting an attorney involved may help.

Asker

Posted

Thank you very much this is what i needed to know. thank you for your time

James P. Frederick

James P. Frederick

Posted

You are very welcome. I wish both you and your friend the very best of luck and I hope that she comes out of this okay and very soon.

Posted

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.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.

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Posted

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.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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