Q: My 88 yr old mother has five children named as Health Care Surrogates. Both my sister and I are named POA on Trust.
My mom has stage 6 Alzheimers and is in CA Memory Care. Her overall health is excellent for her age and is mobile at all levels. Two Surrogates want to relocate her to another Memory Care in CA. The other three to a Memory Care in FL where she had lived and all her Trust/Health Care Directives were drawn up. When five such Surrogates are named, legally, does majority rule even though it doesn't specify? Basically, a brother and sister are fighting over wanting to be near her and visit her regularly. Thank you for your assistance with this answer. Regards, Dennis
A:
Hi Dennis,
In California, when multiple individuals are named as Health Care Surrogates without specific instructions on how decisions should be made, the situation can become complex. There is no automatic rule that 'majority rules' in these cases. Ideally, the Health Care Surrogates should come to a consensus that aligns with the best interests of the individual they represent, in this case, your mother.
Since your mother's Health Care Directives and Trust were established in Florida, and now she resides in a California Memory Care facility, the issue may involve considerations of both states' laws. However, generally, the location where the health care decisions are being made (California, in this instance) would have jurisdiction.
If the surrogates cannot agree, and there is no clear guidance in the Health Care Directive, it may be necessary to seek mediation or legal intervention. This could involve the court appointing a neutral party, like a guardian ad litem, to represent your mother's best interests.
In these situations, it's important to focus on what would be best for your mother, considering her health, comfort, and the quality of care she would receive in each location. It might also be helpful to consult with her healthcare providers for their professional opinion on the matter. Remember, the ultimate goal is to ensure your mother's well-being and care.
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