Las Vegas, NV asked in Estate Planning for Nevada

Q: Does medical POA have duty to inform siblings of care changes?

My sister holds a medical power of attorney (POA) for our mother, who lives in Nevada. After our mother suffered a stroke and was initially expected to remain in the hospital, she was released back into a group home while her condition was less than stable. My sister did not notify me of this change, although she informed our other sibling. Previously, my sister and I coordinated closely on our mother's care. However, due to disagreements on whether our mother should enter hospice care, communication has broken down. There are five siblings, each with divided communication, and my brother holds a financial POA. Is it part of my sister's fiduciary duty as medical POA to keep all siblings informed about our mother's care changes, even in the absence of specific legal documentation directing such communication?

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1 Lawyer Answer

A: I am sorry to hear your mother suffered a stroke. Such medical events are life changing. From this point forward, your sister has a lot of work, which can be very stressful and unsatisfying.

In re your sister's authority as agent under your mother's Power of Attorney for Healthcare. She owes a fiduciary duty to your mother, not to all of you. While she is under no duty to keep all of you informed, keeping all of you informed is recommended. It just keeps family fuss to a minimum and helps keeps people from lawyering up.

Next, her authority as agent for your mother is not a democracy. In short what that means, while she can discuss with you her status, she ultimately decides for your mother, whether you like it or not. Your mother chose your sister to carry out her wishes, not all of yours. What you subjectively believe should be done is not controlling.

I hope this answer is helpful.

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