I have a huge problem that needs to be resolved before it's too late. I'll keep it as short a possible. My sister's health has been in decline for a approximately 4 years. She recently developed gangrene in her two feet and had the right foot amputed. When she is under the influence pain killers in the hospital, she becomes incoherent and her behavior changes drastically. To my niece this means that her mother mental state has deteriorated and she should be left to die. I have to mention that my brother-in-law is a double amputee (both legs to the knee)but he is more stable than my sister and he is home recovering.Here is the problem, my youngest niece has composed a Power of Attorney naming herself as decision maker of my sister' health. While she is flashing this Power of Attorney all over the hospital, she wants to make the decision of terminating my sister's life by powering down her pace maker and defibulator.
Please, although my sister's health is not the best, she is far from meeting her maker.
I would like to know if this Power of Attorney is legal because my sister,s husband is still alive and well and he knows nothing concerning the antics of my niece? Please advice me as I do not want to lose my sister.
Asked on Feb 22nd, 2011 on Family Law - New Jersey
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I have a huge problem that needs to be resolved before it's too late. I'll keep it as short a possible. My sister's health has been in decline for a approximately 4 years. She recently developed gangrene in her two feet and had the right foot amputed. When she is under the influence pain killers in the hospital, she becomes incoherent and her behavior changes drastically. To my niece this means that her mother mental state has deteriorated and she should be left to die. I have to mention that my brother-in-law is a double amputee (both legs to the knee)but he is more stable than my sister and he is home recovering.Here is the problem, my youngest niece has composed a Power of Attorney naming herself as decision maker of my sister' health. While she is flashing this Power of Attorney all over the hospital, she wants to make the decision of terminating my sister's life by powering down her pace maker and defibulator.
Please, although my sister's health is not the best, she is far from meeting her maker.
I would like to know if this Power of Attorney is legal because my sister,s husband is still alive and well and he knows nothing concerning the antics of my niece? Please advice me as I do not want to lose my sister.
If all your sister has given her daughter is a Power of Attorney, that usually cannot be used to make end of life decisions, unless it is a medical Power of Attorney. In order for someone to be given the authority to make end of life decisions, they have to have completed a Living WIll, or in New jersey, more accurately described as an advance medical directive. This names someone as a surrogate decision maker, and allows that person to make end of life decisions. If your sister is still in a facility, ask the social worker, or patient advocate to help you, and point out to them that if all your niece has is a Power of Attorney she should not be making medical decisions. You can also file something with the Courts called a guardianship that would allow you to make decisions for your sister.
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