Legal Question in Wills and Trusts in Washington
Power of Attorney
My father is a severely depressed alcoholic and smoker. He's just been diagnosed with Emphysema and today is showing signs of Jaundice. In his will he has me assigned as his Power of Attorney to assume decisions on his behalf should he be unable to make them consciously or in the event of his death; however, does his DNR claim in his will prevent me from forcing him to treat his jaundice and any efforts to treat him medically in his continuous drunken state, because he has been diagnosed with a terminal disease? My interpretation dictates his DNR to be of an immediate proceedure, but he is suffering from liver damage that left untreated can kill him faster than emphysema. He has not been making effort to help himself, but rather becomes more fearful and depressed thinking about his conditions, refuses help, which drives him to drink. This suicidal cycle must stop ASAP. Your suggestions are much appreciated.
2 Answers from Attorneys
Re: Power of Attorney
According to the language that you indicated is contained in your father's will, your father has granted you Power of Attorney "to assume decisions on his behalf should he be unable to make them consciously or in the event of his death." Until his condition reaches the point at which he is "unable to make [decisions] consciously," you most likely cannot force him to seek treatment.
However, once your father is unable to make decisions consciously, your Power of Attorney for Health Care would become effective.
"Do Not Resuscitate" ("DNR") clauses typically only apply in cases of a terminal condition or a permanent unconscious condition. A terminal condition is normally defined as "an incurable and irreversible condition caused by injury, disease, or illness, that would within reasonable medical judgment cause death within a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment would serve only to prolong the process of dying."
If you do not already have Durable Power of Attorney over your father's property, you and your father may wish to discuss this option as well.
To better ascertain your rights, I would need to review the will to which you refer. I offer affordable legal services; please do not hesitate to contact me if you would like assistance with this matter.
Re: Power of Attorney
Forcing any type of medical help on your uncle will be difficult - as long as he is mentally capable of making decisions on his own. The bigger issue here is not legal, but psychological. He should speak with a counselor.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
