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This is Samuel and I will discuss this and provide you information in this regard.She is correct, if they are still married she is the next of kin and responsible for making decisions.If she can get a doctor and a Notary in the room with him when he is conscious and the doctor can attest that he fully understands what is happening, she can have him sign a Medical Power of Attorney. With the POA she would then have the responsibility of making all medical decisions on his behalf.Now, if the doctor will not attest that when he is conscious he is of sound mind, then she will need to go to court. And in that case, I suggest she consider at least consult with a local attorney to help draft the necessary documents.
Yes. She can keep the ex out of the room because she can state it is not in his best medical interest. But she also could seek a Durable Power of Attorney, which allows her to handle his finances, business and Medical situations. The same process would apply. She can consult with a local attorney to have the POA drafted and then show it to the Doctor and see if they will attest to the sound mind when he conscious.
4120. A natural person having the capacity to contract may executea power of attorney.4121. A power of attorney is legally sufficient if all of thefollowing requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or(2) in the principal's name by another adult in the principal'spresence and at the principal's direction. (c) The power of attorney is either (1) acknowledged before anotary public or (2) signed by at least two witnesses who satisfy therequirements of Section 4122.4122. If the power of attorney is signed by witnesses, as providedin Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witnesseither the signing of the instrument by the principal or theprincipal's acknowledgment of the signature or the power of attorney.
4123. (a) In a power of attorney under this division, a principalmay grant authority to an attorney-in-fact to act on the principal'sbehalf with respect to all lawful subjects and purposes or withrespect to one or more express subjects or purposes. Theattorney-in-fact may be granted authority with regard to theprincipal's property, personal care, or any other matter. (b) With regard to property matters, a power of attorney may grantauthority to make decisions concerning all or part of the principal's real and personal property, whether owned by the principal at thetime of the execution of the power of attorney or thereafter acquiredor whether located in this state or elsewhere, without the need fora description of each item or parcel of property. (c) With regard to personal care, a power of attorney may grantauthority to make decisions relating to the personal care of theprincipal, including, but not limited to, determining where theprincipal will live, providing meals, hiring household employees,providing transportation, handling mail, and arranging recreation andentertainment.4124. A durable power of attorney is a power of attorney by which aprincipal designates another person as attorney-in-fact in writingand the power of attorney contains any of the following statements: (a) "This power of attorney shall not be affected by subsequentincapacity of the principal." (b) "This power of attorney shall become effective upon theincapacity of the principal." (c) Similar words showing the intent of the principal that theauthority conferred shall be exercisable notwithstanding theprincipal's subsequent incapacity.
Here is the LINK for the CA law on the POA But as I suggested earlier she should consider having a local attorney draft it for her. She will need the Doctor to Attest in writing the patient is in sound mind when conscious and also able to understand what he is signing. A Notary or Two Witnesses must be on the POA.