Asked in Wrongful Death and Family Law for Oklahoma

Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought covid in the house,(when i had it the year b4 i stayed in my room) they didnot isolate themselfes so everyone got sick.the worst bein the mom,dad and my fiance. The hostpital told me that he wanted me to take the calls and i was b4 the brother took over and put a passcode just to know anything on him. The brother keeps saying he has a poa over my fiance but hasnt showed proof but has the hostpital convienced he is. The day b4 he died they asked the daughter if she would like to put a dnr on him as he was dying. We said NO, its gods will if he goes or not not ours. But next day brother goes up and does it. Hes also been trying to get rid of my fiances stuff even b4 hes gone.

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3 Lawyer Answers
Charles Watts
Charles Watts
Answered
  • OKLAHOMA CITY, OK
  • Licensed in Oklahoma

A: You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.

Anna L Self agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered

A: You may not but I'm curious why the hospital didn't ask the parents. I'm not sure if that is actionable, especially if medically he was at the point where a dnr was appropriate. But contact a member of the Oklahoma Trial Lawyers Assn-they give free consults.

Anna L Self
PREMIUM
Anna L Self
Answered
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: I don't believe the hospital would allow the brother control unless he had provided the hospital with a POA. They are very strict about POAs.

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