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Answered in 5 minutes by:
5/16/2019
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedHi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.
Is there a possibility the hospital made an error and was negligent?
If he only had a POA and there was no relationship with her and him then you may have an action against the hospital.
You have to look at the facts and get the hospital records to see what they had
If they were in a relationship and lived together as defacto then he can claim next of kin
But without an enduring guardianship he cannot make the decisions and the hospital may have been negligent.
You have to get the records.
You will need to get a solicitor to assist you on this.
It is not a matter about reporting him because ha had a POA and she gave it to him and this is evidence of her trust in him but to make decisions about her health he needed an enduring guardianship and the hospital may have been negligent here.
I hope this has answered your question.
The next of kin is not an issue he had the POA it is the actions of the hospital
I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
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Regards
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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