Kaye - Power of Attorney

[Guest guest]

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

[Guest guest]

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