Guest guest Posted December 25, 2003 Report Share Posted December 25, 2003 IDear Kaye, I had to respond to you because my job is preparing powers of attorney. At the Legal Aid Society of Hawaii we are funded to provide this service to Seniors at no charge. We also prepare the docs for anyone meeting low-income guidelines. Laws regarding power of attorney differ state to state, so what I can tell you only applies to Hawaii in specifics, but in general powers of attorney come in many types. What your doctor mentioned is what used to be called a " living will. " It is now called the Advance Health Care Directive and it states your wishes in writing should you be unable to communicate. It also allows you to appoint an agent who is given the legal authority to make decions for you if you are incapacitated. The importance of having this document is well demonstrated by the case in Florida right now where the woman who has been in a vegetative state for 13 years did not have this document and her parents are fighting her husband over who has the right to make decisions. Your husband may know what your wishes are, but does he have the legal right to make decisions for you, or in your state, can your doctor legally overrule him? That's what it sounds like. And that is why it is especially important to put your desires in writing and have the document witnessed and/or notarized. As with any legal document, it should state your wishes. If you go to an attorney or a paralegal service, generally they will use a format designed to meet your state laws. It is still your document. Anything you do not want, you should be able to cross out. There is also space to write " other wishes " if you want to add additional information. For all of us who may have a medical emergency at any time, it is particularly imporant that we have an Advance Health Care Directive, and even update it as necessary (to change an agent, for example.) Please contact me if anyone has questions or would like further information. Aloha, in Hawaii Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 26, 2003 Report Share Posted December 26, 2003 I agree with you 100% Chris. It sounded to me like a conflict of interest, Kaye is smart enough to realize that but I wonder how many others have fallen victim to that docs dealings. She could do whatever she pleased, having HCPOA, bill the ins. co. to the hilt and no body would be the wiser and if she is doing this because of medicare-caid buerocracy then she may very well be breaking some federal laws. I am very interested to hear what your attorneys have to say about that. Personnally I feel that physician should be throroughly investigated, something is very wrong there. > Dear Kaye, > Just read your response to my post and I am shocked. > I am sure that your doctor asking for power of attorney is unethical. It is certainly the most unprofessional thing I have ever heard of! > This is something I've got to ask the attorneys I work with about. Unbelievable. > > Aloha, > in Hawaii Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.