QUESTION
My elderly relative does not have any directive on file, so is it up to me to make his decisions for his finances and medical without this on file?
Asked on Dec 26th, 2012 on Family Law - Georgia
More details to this question:
I have an elderly relative that is in the hospital. I am the closest next of kin and the doctors are looking for me to make decisions regarding life saving measures.
18 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It would be unusual for the hospital to make this request especially regarding his finances. Generally, they may require you to be guardian and conservator in most matters. If you become guardian, your ability to consent to end of life matters is limited to any advanced directives your relative communicated to you or order of the court. Since you are the closest next of kin and an interested person, they are probably following their protocols in obtaining consent.
Answered on Jan 04th, 2013 at 1:43 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to have prepared for the signature of your elderly relative an advance healthcare directive giving you the power to make decisions on her behalf as related to her healthcare. If decisions are required for financial affairs, then you need to have prepared for signature a Power of Attorney. A probate lawyer can assist you here.
Answered on Jan 04th, 2013 at 1:40 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to distinguish between handling financial affairs and making medical decisions. In the absence of a medical power of attorney or some specific advance directive by your relative, the medical personnel must make a decision on who to consult with the patient is unable to communicate his own decisions. State law generally controls who & how the doctors consult in that situation. For financial affairs, if there is no power of attorney authorizing someone to act for the relative your only option is to be appointed as a guardian/conservator by a court unless the relative is legally competent to execute a power of attorney.
Answered on Jan 04th, 2013 at 1:37 PM
Thomas Edward Gates
Without a power of attorney you have no authority to do so. You could be liable to his estate and hospital.
Answered on Jan 04th, 2013 at 1:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It may be up to you; however, you should go to court and be named guardian and conservator. Without those designations, you really don't have much authority at all.
Answered on Jan 04th, 2013 at 8:12 AM
In reply, if the Doctor can verify that your relative is still of sound mind, then you can get the directive needed. If that is not possible, then you need to talk with all the rest of the relatives, asking them if they want to be the decision maker, and if not, then have them send you something in writing appointing you to make the decisions. Once that is accomplished, I would advise you to seek legal assistance should any questioned arise as to your authority in the matter.
Answered on Jan 04th, 2013 at 8:06 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If the medical authorities are letting you make health care decisions, then you probably can do so, as the next of kin. You have no legal authority to handle any of his finances unless either (a) he has given you a written, valid power of attorney, or (b) a court has appointed you as conservator of his estate. Except during this emergency time, you have no legal authority to make health decisions for him finances unless either (a) he has executed an advance health care directive or a power of attorney for health care, or (b) a court has appointed you as conservator of his person.
Answered on Jan 04th, 2013 at 7:59 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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In the absence of a medical directive, the next of kin can make medical decisions for a patient who is not able to make decisions. In the absence of a power of attorney, joint signing authority granted by the relative, or a court ordered conservatorship, the next of kin does not have any right to make financial decisions.
Answered on Jan 04th, 2013 at 7:46 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Depends on the law in your state.
Answered on Jan 04th, 2013 at 7:45 AM
If the doctors let you make the medical decisions, you can. But most likely you will need a power of attorney for the finances. Your relative should also have a will or trust to avoid probate if he has an estate.
Answered on Jan 04th, 2013 at 7:41 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should be listed in a document to be signed by the relative, which gives you the power to make decisions.
Answered on Jan 04th, 2013 at 7:29 AM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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Medical treatment decisions, yes, but finances, no. You will need to get a conservatorship to manage the finances without a written power of attorney.
Answered on Jan 03rd, 2013 at 11:19 AM
You are not legally obligated to make those financial and health care decisions but someone in your family needs to assist the doctors and staff in determining what care and treatment are appropriate and/or what your relative would have preferred. Usually that task falls to the immediate family but if they aren't available, the relative living the closest often takes on this task. As far as handling financial responsibilities, if you're talking about things like paying the electric bill or mortgage, you can probably take on that task. However, if your relative owns a lot of stocks, real estate, or a large business, if would be better if you get a court to grant you financial power of attorney.
Answered on Jan 02nd, 2013 at 3:34 PM
3 Awards
Probably not. If no one is appointed as an attorney in fact, a guardianship usually needs to be initiated and a guardian appointed by the court to enable decisions to be made.
Answered on Jan 02nd, 2013 at 3:32 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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In the absence of a health care directive, you might be able to make medical decisions as a surrogate decision maker. In the absence of a power of attorney, you would have to become a court appointed guardian in order to make financial decisions.
Answered on Jan 02nd, 2013 at 3:32 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are in a really gray area. If the doctors allow you to make the decisions, that is fine, if you are willing to do so. You do not want to agree to be the "responsible person" in terms of the bill.
Answered on Jan 02nd, 2013 at 3:31 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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As to the medical, only if you are willing in the sense that you have no legal duty to make medical decisions. In fact, you probably don't have the legal authority even though the health care providers want you to do so and will follow your directives. As to financial, not without a power of attorney. Both answers assume you were not appointed guardian or conservator by a probate court.
Answered on Jan 02nd, 2013 at 3:30 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If your relative is able to understand and sign a health care directive and power of attorney for finances, find an attorney to draft the documents and get them signed.
Answered on Jan 02nd, 2013 at 3:30 PM