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Is a Patient Representative / Medical Surrogate Protected by Law

Discussion in 'Power of Attorney & Living Wills' started by gorilla1969, May 31, 2020.

  1. gorilla1969

    gorilla1969 Law Topic Starter New Member

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    My brother was admitted to the hospital and is in the ICU. I have a Protection Order against him due to a history of hostility and physical/psychological abuse against the family. I was called and asked to be his Patient Representative / Medical Surrogate as the one other person on his list of contacts has declined to help.

    My fear is if there is any way for him or the hospital to legal come after me when he's discharged. The primary fears are:

    1) I'm not sure if he's employed and/or has insurance. Can the hospital come after me for payment if I authorized procedures on his behalf?

    2) Can my brother come after me by saying he didn't want certain procedures performed which I authorized (my brother is has threatened to 'come after me' in the past)?

    Please advise and thanks.
  2. adjusterjack

    adjusterjack Super Moderator

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    Of course. Whether the hospital can succeed depends on what you sign when you authorize procedures.

    Also yes.

    You run a tremendous risk getting involve in your brother's treatment UNLESS your brother signs a medical power of attorney giving you the authority to make those decisions for him.

    All the hospital want to make sure of is that it gets paid and will probably put a lot of papers in front of you to sign that you won't understand, one of which will undoubtedly be responsibility for payment.

    Tough decision, I know, but given the prior hostility between you and your brother I strongly suggest you back away from his medical issues unless you can reconcile and have him sign a medical power of attorney.
    hrforme and justblue like this.
  3. army judge

    army judge Super Moderator

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    If you are in possession of an active restraining order, obey the order.

    If I were in your position, I would simply tell the hospital, "Sorry, I can't do what you're asking."

    No need to explain, just a polite declination.

    Your declination will not cause your brother to be denied medical services.

    There are many people in this country that have no relatives, they are treated in medical facilities daily.
    hrforme and Disabled Vet like this.
  4. zddoodah

    zddoodah Well-Known Member

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    What does "to legal come after me" mean? "Come after" you for what?

    Can it happen? Sure. Is it likely? Probably not, unless you sign something agreeing to be liable.

    Can it happen? Sure.

    Doesn't sound like you're a good candidate to do whatever it is you're being asked to do.

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