New Caney, TX asked in Health Care Law and Family Law for Texas

Q: I have a question about Medical Power of Attorney abuse in Texas

My husband's mother is 85 years old with dementia, she fell and had to have surgery she is in Neuro ICU right now. My husband's sister has the Medical POA and she refuses to give us the code to call the nurses station to get updates on his mother!! The medical staff will not speak with us, his sister by text said I am the POA and you get updates from me. We have no way to find out anything, she purposely left him out of the text group where she sends out updates - What in Gods name do we do??? We are so upset, we went to the ICU yesterday and saw here but cannot speak to anyone!! I need urgent advice please!!

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It sounds like there is no abuse and the medical POA is working exactly the way it is intended to.

Your mother-in-law chose your husband’s sister to be the person to receive her medical information and to make health care decisions on her behalf. You have no business calling the nurses station and have no right to receive information about her health care. Your mother-in-law entrusted your husband’s sister with that right.

As the holder of her medical POA, your husband’s sister has the exact same right your mother-in-law would have if she were fully awake, alert, and competent. She can choose to share whatever health information she wants with you and your husband. And she can choose to keep from you whatever health information she doesn’t want you to know.

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