Legal Question in Family Law in Illinois

Power of Attorney Rights

My father was admitted to the hospital for a bypass surgery w/10 - 15% risks. During his stay he was asked to appiont a POA should he become incoherent during such time. He appointed his friend of 8 yrs. as his POA. After the bypass proved unsuccessful a week later, my father had to have a angioplasty done on his right leg. While in recovery, my father's heart stopped. It took 20 min. to revive him, leaving him with severe lacking of brain function. The question whether or not to resusitate my father has risen. His POA wants to give consent (not to resusitate) along with the advisement of my fathers medical team-members dispite the approve of myself, my siblings (3), and mother (seperated - wife), nor my father's siblings (4) due to religious practices. Please understand that my father's POA has admitted to never having such conversation which included such instructions to decide his fate. His tasks was strickly as a medical liaison and possibe short-term decision making if incoherent. Can you please tell me what rights do I have as my father's natural daughter in the prevention of the DNR request's fulfillment and transference of POA to me.


Asked on 6/05/09, 1:49 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Power of Attorney Rights

If I understand the facts as you have stated them, then you have none. Your father chose his friend as his POA to make such decisions as these. It sounds as if your father is older and as if he made the right decision. Most people would not want to be kept alive under these conditions and I suspect that he appointed his friend with that in mind. Also the Illinois Health Care POA allows for the giver to indicate on the form whether or not he would want to be kept alive under such circumstances. You father apparently indicated that he did not want to be kept alive and his friend wants to respect your father's wishes. My question and a judge's would be - why don't you want to respect your father's wishes?

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Answered on 6/05/09, 2:52 pm


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