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!!

Related Topics:
1 Lawyer Answer

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.

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.