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
Marjorie A Bristol
Marjorie A Bristol
Answered
  • Goodlettsville, TN
  • Licensed in Tennessee

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

Marjorie A Bristol
Marjorie A Bristol
Answered
  • Goodlettsville, TN
  • Licensed in Tennessee

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

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