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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have power of attorney from my daughter who has been hospitalized numerous times for sui

Customer Question

I have power of attorney from my daughter who has been hospitalized numerous times for suicide attempts. The hospital /doctor has deemed her "well enough" to discharge.
I have had numerous talks with her Dr to let him know that my husband (an MD, retired) and I DO NOT feel she is adequately ready to be released and will repeat the actions as soon as she can acquire the "drug of choice" which is prescribed by her tending physician. Can I exercise the POA to demand further treatment before her release?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but a POA essentially allows you to act as an 'agent' of the daughter but not as her superior. In other words if she is still deemed competent by the doctor and the courts, and your decision to seek further treatment i denied by the daughter, she has that power which the doctor still has to honor. If you want to compel the daughter to obtain treatment against her will or decisions you would need to seek a conservatorship or to involuntarily commit her first. Otherwise your POA is inferior to her own rights to make decisions over her own treatment (or discharge). Therefore you want to truly control her medical care you would either need to commit her or seek conservatorship, or both. A POA, by itself, would not be sufficient.

Good luck.

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