Ask An Expert Archives
The questions and answers below are categorized under the following topic:
Legal And Ethical Issues
Questions:
- What are the laws pertaining to feeding tube removal from a patient in the state of Virginia?
- What is a power of attorney and when can it be used?
Questions and Answers:
What are the laws pertaining to feeding tube removal from a patient in
the state of Virginia?
If a patient has an Advance Medical Directive (AMD), the wishes of
the patient as stated should be followed. If a care provider refuses
to follow
the AMD,
the patient can be moved to a care provider who will comply. If there
is no AMD, the relative in order stated in the statute for substituted
consent
determines the care to be provided. In the event of disagreement,
the parties are left to the judicial process of contested guardianship.
As always, alternate dispute resolution such as a chaplain, patient advocate
or long-term care ombudsman should be used to try to agreeably resolve the
controversy. For more information or to view local health and aging resources
for seniors and caregivers, visit www.seniornavigator.org.
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I currently have the power of attorney for my parents. What exactly is a
power of attorney and when can it be used? Do I have to wait until a doctor
writes
a note declaring them incompetent before I can use this or can I use it without
the documentation?
A power of attorney (POA) is a written document that gives legal authorization
for one person to act on behalf of another. It depends upon the language in
the power of attorney that your parents signed as to when it can be used. Most
powers of attorney are effective on the day they are signed and can be used
immediately without the need to prove the signer is incapacitated. However,
there are some powers of attorney that are "springing", meaning the
power of attorney does not take effect until the signer becomes incapacitated.
The power of attorney usually defines what incapacitated means and how it is demonstrated (doctor's letter, etc.). You may want to take the power of attorney to a lawyer to make certain that it is not a springing power of attorney. The relationship between the signer of the power of attorney (the principal) and the person designated to act for the signer (the agent) is an agency relationship. This is a legal term meaning that the agent can only act in the interests of the principal and if the principal is still able to make his/her own decisions, the agent cannot take that right away from him/her.
If your parents are still able to make their own decisions, you should consult with them before using the power of attorney. If not, then you can exercise your authority to make decisions for them. Even if the principal is no longer able to make his/her own decisions, the agent still can only use his/her authority to benefit the principal (and not himself/herself or others).
To learn more about the types of powers of attorney, visit www.seniornavigator.org
type in the topic "Power of Attorney" and your ZIP code.
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