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ACTIVE medical power of attorney

Discussion in 'Power of Attorney & Living Wills' started by markeydsl, Feb 12, 2019.

  1. markeydsl

    markeydsl Law Topic Starter New Member

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    Jurisdiction:
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    Hello
    My mother had an attorney make an "ACTIVE" Medical Power Of Attorney, that would allow me to consult with her medical providers, review all her medical records and make suggestions directly to the providers. This is what it states in the power of attorney. She had this done because she has a lot of health issues at 80, and she does not have a great understanding of the Healthcare, wereas I have worked as a hospital amdministrator/coder for over 10 years and have a great understanding of medical practice. The issue that we have run into is that the doctors do not want to honor the document, which was produced by an attorney, notorized and witnessed. Is there something else that would be a better options so that I am able to facilitate the assistance she has requested, and how do I make doctors understand that it is active at my moms request? Also doctors blatently refused to treat her if she continues to use me as an agent in this manner. Please someone provide me with a real solution.
    thank you all very much
     
  2. army judge

    army judge Super Moderator

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    No one has to accept or honor the type of POA you possess.


    Under Title 35, Article 4 _ http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title35/T35CH22AR4.htm _ Wyoming Health Care Decisions Act allows, in case an emergency occurs, a person to select a surrogate to handle health care decisions on the person's behalf in case the person is unable to speak on her/his behalf.

    It allows a medical provider to speak with another person, bit doesn't mandate the provider do so.


    As long as your mother is alert and able to act for herself, no physician must honor the existing document you possess.

    The ultimate solution is to obtain guardianship of your mother.

    At this point, however, that would be akin to beating an ant with a hammer to kill it, when other means are available to do so.

    A better bet is to have mother ask that you be allowed to be with her in the treatment rooms, to help her better understand and recall the instructions a physician might provide, or assist her in answering questions.
     
  3. Disabled Vet

    Disabled Vet Active Member

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    Sounds like you did something to make them mad......
     
  4. markeydsl

    markeydsl Law Topic Starter New Member

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    as for making them mad. I have never met these providers, they are new to my mother and out right refused to even look at the legal documents when my mother presented for her first appointment.
     
  5. army judge

    army judge Super Moderator

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    You don't possess an "advanced health care directive, or durable medical power of attorney".

    You have this \/\/\/\/\/\/\/\/\/\/\/

    Many hospitals or adult care homes have their own documents that you can complete and file with the facility.

    For example:

    Welcome to Legal Aid Services of Oklahoma's guide to free legal help in Oklahoma.

    I repeat, no one has to honor a power of attorney, even if someone were place the ACTIVE before the POA and it read: "ACTIVE Medical Power of Attorney", it isn't guardianship or the document the facility uses.

    Most hospitals have an ombudsman, or patient relations department which just might be able to give you or instruct you how to obtain the correct form for what it is you wish to do, short of obtaining guardianship.

    I know of what i speak NOT because I am an attorney (which I am) but because we had an adult son who succumbed to a coma for 11 years, eventually passing away.

    I represented my wife in her quest to get guardianship of our incapacitated adult son (he was unmarried) and then litigated a lawsuit against the entity and professional who caused him to lapse into the coma and obtained a"medical needs trust" of $5,000,000; which my wife inherited the remainder upon probating his estate.

    I pray your mother recovers her health, and you get this medical mess sorted.
    God bless.
     
  6. markeydsl

    markeydsl Law Topic Starter New Member

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    in fact I just confirmed with the Wyoming Medical Board that the document i have is a DURABLE MEDICAL POWER OF ATTORNEY/ ADVANCED HEALTHCARE DIRECTIVE as it states on the document. They are one in the same and referred to in the text of the Wyoming Medical Healthcare Act, when I contacted the Wyoming Medical Board to see what they thought of the document I faxed a copy to them. They indicated that the document is legal, and does apply to the laws set forth in the state of Wyoming, as an advanced healthcare directive and that it is active. They did however tell me that if a provider refuses to except the document I must take them before a judge to force the issue, even then they would probably just pay the fine associated and still refuse to treat my mother. I suspect you do not know the laws in Wyoming as well as you profess. You must be in a different state where the laws are much different. The document is indeed a Durable Medical Power of Attorney, I just say "Active" to indicate that my mother has made the choice to make it active upon signing instead of "if she becomes incapacitated", and it does have limitations. It allows me access to her medical record, it allows me to ask questions of the providers, and make decisions for her if she is unable to. I also have a regular Durable Power of Attorney for every thing else non-medical. But these were drawn up at her request not mine, and she does not want to pay , what appears to be about $5 grand for guardianship in Wyoming which would involve, monthly reports to the courts on her health, her home life, and just about every aspect of her life. She does not want to do that. I guess the option now for her to decide is if she wants to push the issue and take the provider to court on this issue.
     
  7. army judge

    army judge Super Moderator

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    You suspect INCORRECTLY.

    I am licensed to practice law in Wyoming, and have done a couple cases with the great Gerry Spence, even attended some of his classes at his "trial lawyers college":

    https://www.triallawyerscollege.org/about-usblog/gerry-spence-founder/

    I am not inclined to get enthused about things I do for FREE!
    These days I don't need money, got enough of that, which is why I have volunteer discussions here.

    If you want a lawyer or anyone to "care about something", pay them.
     
  8. markeydsl

    markeydsl Law Topic Starter New Member

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    That is really interesting, my mother used to date Gerry Spence before he married Imogene. Of course that was after the Thunderhead Ranch incident (where his college is now), but before he became the celebrity attorney he is now. His firm just finished a case for me where my mom was awarded $250K and is still a family friend. But I choose to try and find out facts before I hire an attorney and waste money and time. Maybe if you are not going to answer questions with a valid response you should not mislead people. Thank goodness, I contacted the Wyoming State Medical Board, or I would now be paying an attorney, to determine what I found out from them for free, which is what I should have done in the first place was contact the medical board.
     
  9. army judge

    army judge Super Moderator

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    I can see why the medical practitioner refused to accept your document.

    I hope your mother gets better.
     
  10. markeydsl

    markeydsl Law Topic Starter New Member

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    Gosh I don't understand that statement, I have never even met the provider, nor has she met me and my mother has only been to her once.
    I guess you are unhappy that you provided bogus information and are not the big shot you thought you were, I have known Gerry for my 55 years, and my mother has lived in Wyoming since birth 1941, specifically Hudson Wyoming, where she has been friends with that entire community her entire life. Fremont county is very small and you can imagine when a person has live there as long as my mother most of the community know her. Unfortunately the provider in question has lived there a total of 8 months so she is not aware of the community and who she is actually dealing with .
    On another note I can see why you don't practice law anymore, since you think you know more than you do and boast about your riches and the people you know, which is really childish since I don't really care who you know but rather that you would provide correct information.

    I hope you don't continue to provide information to people with what appears to be some kind of bias, just to deter them from knowing truthful information.
     
  11. army judge

    army judge Super Moderator

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    I am hoping your mom gets better soon.

    Miracles happen everyday.

    Don't cry for me, little man, I haven't a worry in the world.
     

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