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My father is in the hospital and is conscious. A non family…

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My father is in...

My father is in the hospital and is conscious. A non family member submitted a POA. As far as I know my father has can make his own medical decisions. The hospital will not tell me why my father was admitted. I live in Wisconsin and he's in Arizona

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

My father lives in Arizona. What do you mean by paperwork?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My father lives with a woman who does not cooperate with family members. I would think she is the one on the POA. My father agrees with her on everything and will not let his own children be involved in his affairs.

Submitted: 7 months ago.Category: Family Law
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Answered in 4 minutes by:
12/21/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,703
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

I am sorry to hear of your father's declining health and the situation with the third party. What is your question please?

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Customer reply replied 7 months ago
If my father is capable of making his medical decisions and is alert right now, shouldn't the hospital be able to tell family members why he is there and his diagnosis?
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Under HIPPA 45 CFR 164.510(b), the hospital may make authorized disclosures (authorized by the patient). If the patient is not conscious they may make disclosures to family members.

A POA can be applicable if the person is not of sound mind - so for example if they are experiencing physical or mental issues that prevent them from understanding their situation.

A POA may also authorize a third party to act on behalf of the principal even if they are not incapacitated;

it depends on the terms of the POA.

If the individual is not capable of making their own decisions (which the medical provider may have determined if they accepted a POA covering this) then a family member may seek a guardianship of the adult and that would take precedence over a POA;

please see:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/Forms/ProbateCases/prob_pbga1.asp

Questions?

Post here please

No further questions?

kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello Again;

If you have any questions on the above please post by this evening so I can respond tomorrow morning; otherise I will be out of the office for a few days; of course upon my return you can also follow up then.

Enjoy your holidays, and thank you!

If no further questions kindly rate positively but if questions remain, ask away!

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Customer reply replied 7 months ago
can I ask another question?
Family Lawyer: LegalGems, Lawyer replied 7 months ago
If it's a followup question on the above it is permitted to post here. Otherwise a new question must be posted in a new thread.
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Customer reply replied 6 months ago
positive rating
Customer reply replied 6 months ago
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