Q: The negligence caused death Can I sue on behalf of the deceased if I had POA and was the health representative?
My family member eventually died. 1 complaint against the nursing home was substantiated and I am waiting for the response about the other complaints. What should I do in the meantime?
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A:
You may be able to file a lawsuit on behalf of the deceased if you were granted Power of Attorney (POA) before their death, but POA typically ends upon the death of the individual. However, if you were also appointed as the health representative and have been named the executor or administrator of their estate, you may have legal standing to sue.
In cases involving wrongful death or negligence that led to death, such as issues with a nursing home, it is often necessary to gather as much evidence as possible. Keep detailed records of all substantiated complaints, communications with the nursing home, medical records, and any other relevant information that can support your case. This documentation will be crucial if you decide to pursue legal action.
While waiting for the outcome of other complaints, consider discussing your situation with a professional who can provide guidance specific to wrongful death claims and the rights of the estate. Taking proactive steps now can help you better understand your options and prepare for potential legal proceedings.
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