Legal Question in Elder Law in California

Voluntary Surrender of Competency

My father is elderly, legally blind and living in the Vet's home, far from the next of kin. I am his Attorney-In-Fact through his Durable Power of Attorney. My father no longer wants to make ANY medicial or finacial decisions regarding decisions on his own any more. He suffers from cancer, Parkinson's and other age related hardships. The Vet's home refuses to disclose his medical reports or conditions to me or my father. Can he voluntarily surrender all decisions to me in a lawful way that the medical staff will be required by law to make timely reports to me, so that I can make the neccessary decisions for my father's medical care? The Durable Power of Attorney doesn't seem to matter to the California Veterans Administration or the Veterans Home of California - Chula Vista. Please help.


Asked on 3/30/05, 4:17 am

1 Answer from Attorneys
Jennifer Sawday Sawday and Drake

Re: Voluntary Surrender of Competency

With regards to the medical records, a durable power of attorney will not authorize a medical facility to release medical records on behalf of another person without a HIPAA authorization. If your Dad has a Advance Health Care Directive in addition to a Durable Power of Attorney, check and see if that contains a provision authorizing for release of medical records under HIPAA.

With regards to managing your Dad's affairs, a conservatorship may be an option. A conservatorship is a guardianship proceeding over an adult. Since it appears that your Dad is willing to sign a petition authorizing you to become a conservator, it might be a feasible option. There are filing fees associated with petitioning the court for conservatorship. Please seek the advice of counsel by phone or in person before proceeding.

Read more
Answered on 3/30/05, 1:22 pm


Related Questions & Answers

More Elder Law questions and answers in California