Legal Question in Health Care Law in Pennsylvania

You have the right to make medical decisions for you unless you were mentally incompetent to do so. Did you have a valid health care power of attorney in place and, if so, what did it say? Usually the health care power appoints an agent to make medical decisions for you if you are unable to do so. Also, it will spell out when the power of attorney is to become effective and may require 2 doctors to make the determination that you are not mentally competent. If you do not have a health care power of attorney, consider getting one now if you have fully recovered.

Is your son the child of your current wife or is he from a prior marriage or relationship? It matters. Ideally, your wife and children would jointly consult about what is to be done. However, not all family situations are ideal and there are occasions when their is friction between a spouse and children, especially where this is a second or subsequent marriage and the children are from a former marriage or relationship. In such cases, it is imperative that you have a power of attorney. No doctor wants to have warring family members yammering that something should or should not be done.

If you have nothing in place, the doctor may decide to defer to your spouse, but it depends on the doctor and the doctor's relationship with you and your spouse. Technically, the doctor should not defer to either the spouse or your son and, if you could not make medical decisions and it was likely that your condition would remain that way, the doctor would compel the family to seek out a guardianship.