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Rights of Person Holding a Medical Power of Attorney?

My older brother is divorced and now he has had brain surgery and he can't say anything. My ex-sister-in-law tells us that my brother gave her POA when he went into the hospital and that she does not have to give us any info about how my brother is doing. Not only that, but she also has told the nurses not to tell us anything due to that HIPPA law. We haven't seen any papers at all. We have asked and she won't show us. Can she do that? She is an ex for some reason. Please help.

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Bronze Post Medal for All Time! 105 Posts
December 29, 20170 found this helpful
Best Answer

I would advise you to contact a lawyer on this. If what she says is right then you can't do anything about it right now. You might be able to get some information about your brother, or even force her to produce the paper. But without a lawyer and any proof, you are forced to take her word on this one for right now.

Keep in mind, nobody here on the site is a lawyer or even works for legal aid. We are only trying to give you some advice based on experience.

 

Bronze Answer Medal for All Time! 220 Answers
December 28, 20170 found this helpful

You need an attorney experienced in POAs to advise you and probably intercede in whatever the ex plans. ASAP!

 

Silver Post Medal for All Time! 433 Posts
December 29, 20170 found this helpful

Power of the POA.

Step 1
Since they are divorced I would consult a lawyer.

Step 2
That was done when they were married.

Step 3
If he did not think to change that she may have all the right.

 

Gold Post Medal for All Time! 677 Posts
December 29, 20170 found this helpful

If she had the POA when they were married and he didnt revoke it, she still has it. You need to consult a lawyer

 
January 2, 20180 found this helpful

You'll need a lawyer to go see your brother & get it revoked, that's if he wants to do that.i had to do that for my husband.

 
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