QUESTION

How does immediate family obtain medical power of attorney over a parent that is not of sound mind when it is not voluntaritly consented?

Asked on Apr 10th, 2012 on Elder Law - Florida
More details to this question:
If instability needs to be proven, how would you go about obtaining statements or evaluations from doctors with patient doctor confidentiality laws in the way? If a family member becomes suicidal under a doctor''s care, and the family is prohibited from discussing the condition and treatment with the physician, who is held responsible in the event of death?
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
You should seek out an attorney who practices in the field of guardianship. As part of the guardianship proceedings, three medical professionals will evaluate the individual to determine whether he or she is incapacitated. If he or she is incapacitated, the Court will seek to determine who should be appointed guardian of the individual. The person appointed guardian will have the ability to make health care decisions for the incapacitated individual.
Answered on Apr 12th, 2012 at 4:52 PM

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