Power of attorney - Hello I am wondering if there is any possibility of gaining power of attorney of my sister from her husband. Due to a brief illness at the time my sister had to assign POA so her husband to represent her in a court hearing for guardianship of an adopted son, since that time my sister has been hospitalized with a serious, potentially life threatening, illness and now her husband is attempting to use his POA to keep her from getting the treatment she needs to get better. Thus far, her doctor is not allowing him to refuse treatment because she still has a very good chance of recovery. The refusal of treatment is not due to religious beliefs. She is not considered elderly but I was not sure which AOL to direct my question, she is 60 and she is currently unable to speak for herself.
To summarize my question is; is there any way that I could be assigned POA so my sister can get the care she needs to survive.
2 Answers from Attorneys
If you sister is currently unable to communicate then you would not be able to get a power of attorney for her. A power of attorney needs to be granted by the your sister.
You could apply to the probate court for emergency guardianship.
I would speak with an attorney immediately who can review the existing POA and see what can be done.
Do you know who has Healthcare POA? It sounds like her husband many only have a specific POA to deal with the adopted son issue. There is usually a separate POA for healthcare which enables your representative to make medical decisions for you. You can always file for a guardianship over your sister or if she is still competent, although she is unable to speak, she can execute the healthcare POA and appoint you.
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