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I have medical and general power of attorney for my 80 year old dad can I legally go against doctors orders.

Delta, CO |

My husband and I have taken care of my dad at home for 7 years since his stroke . The only time in 7 years my dad got sick and was in the hospital the doctor refused to release him to my husband and me and demanded we let him go to a nursing home so we let him. Now 1 month later my dad is a shell of the person he was and refuses to eat an drink and won't take his meds or let the nurses take blood for labs and diabetes checks. He has fallen several times from his wheel chair and bed and has been to the ER twice. He is severely unhappy and wants to come home. Can I legally take him out of the nursing home before they kill him.

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Attorney answers 1


If your father is unable to make medical decisions for himself, than his agent under his medical power of attorney has the authority to do so. You say you are the agent. In that case, you would have the authority to decide where he receives treatment. However, the nursing home and doctor have the obligation to determine your father is released into a safe situation. I suggest that before you assert any legal rights you have you first discuss the matter with the nursing home's ombusman. Every nursing home in Colorado has one. The role of the ombudsman is to help facilitate communication between the residents/family and the facility administration. In the end, though, the nursing home cannot keep your father against his will, and if he can't express his will they can't keep him against the will of his appointed agent.