Legal Question in Medical Malpractice in California

Going around Power of Attorney

I just had a question regarding counsel going around a clients power of attorney. A friend of mine just found out her former counsel, when attempting to obtain medical records, faxed the request form to her husband in the rehabilitation center he was in (put there after sustaining a brain injury). The request for his signature was made only a few weeks before he passed away, and he did not have the capacity to make such a decision. My friend had been made power of attorney long before this occurred. Is this legal?


Asked on 7/05/07, 7:34 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Going around Power of Attorney

You having a Power of Attorney doesn't limit other peoples' right to deal with the person. If the attorney represented or was acting on behalf of the husband, he is certainly entitled to deal with him. If your claim is that he somehow violated his ethical rules to the harm of the husband, you are not clear how. You haven't clarified how this would harm the husband, or you. Actual harm or ethical violations would justify a complaint to the state bar, but I don't see any.

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Answered on 7/05/07, 8:32 pm


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