Accepted Answer

In my experience, if a physician wants to treat a patient that has diminished capacity and can not give consent on their own, they would need a signed Power of Attorney to protect themselvs legally and allow a family member to make decisions for the patient.

If the patient is unable to sign a Power of Attorney, they can file a petition to become appointed conservator of the person with diminished capacity. This person will be appointed as a conservator if it is found, per Missouri law, that the person "is one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he [or she] lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur".

Hope this helps,

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

Expert:	SmallTownLawyer
Pos. Feedback:	99.4 %
Accepts:	664
Answered:	11/10/2009

Attorney

Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense