QUESTION
Does a durable power of attorney trump the wishes of the principal in the case where the principal is diagnosed with dementia
Asked on Sep 01st, 2013 on Elder Law - Tennessee
More details to this question:
I have power of attorney (general and for healthcare). The principal in this case is my mother who has been diagnosed with dementia but has told the doctors to take me off her HIPAA. She continues to live alone and to drive against doctor's wishes. Am I still entitled to know her medical things, and and to make decisions for her? Can I force her to not drive and to go into assisted living?
1 ANSWER
3 Awards
You should ask a TN lawyer but normally, a POA has language that says something to the effect, when i am unable to make decisions for myself or if i am incapacitated. This condition is subject to interpetation and opinion. Just because someone has dementia does not necessarily mean they cannot make decisions for themselves. if there is a power struggle over this, the opinion of the treating physican would be key.
Answered on Sep 01st, 2013 at 10:30 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900