Asked in Elder Law, Health Care Law and Estate Planning for Tennessee

Q: Can the sister of a patient override the daughter if there's proof the patient didn't want his daughter involved?

This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as next of kin, taken him off his ventilator and medication, and had it where the doctors and nurses call her and not his sister who was the only one he listed to be contacted about his health.

Even though he never got around to filling out the power of attorney paperwork, With general proof in his hospital files since October 2017 that he didn't want his daughter involved and proof that his sister and not his daughter has taken care of him the whole time, can his sister take over somehow before it's too late?

2 Lawyer Answers

A: Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.

1 user found this answer helpful

A: If there is time, you might try seeking conservatorship of him. You could explain to the court why his daughter should not make decisions for him. You should contact an attorney to help you with this process.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.