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shontle06 Asked October 2016

Does a doctor's order supersede a POA?

My sister suffers from mental illness and my mother got POA yesterday. My sister was in ICU after a suicide attempt. Her current psychiatrist will not be taking her back so a social worker in the hospital assigned her a new one. The psychiatrist has been seeing my sister for two days and she says he makes her uncomfortable and he will not give my mother (who has POA) and information and saying that all the decisions are his to make because she is his patient. My mother wants to transfer her to a better hospital and obviously a different doctor but the psychiatrist says his doctor's orders supersedes my mother's POA and we'll have to get a lawyer and go to court in order to change that.

shontle06 Oct 2016
I just followed up with my mom... she's involuntary.

Thank you both for your insight

pamstegma Oct 2016
Most state mental health laws call for involuntary commitment following a suicide attempt. Social services most likely has protective custody at this point, which would override any POA.

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shontle06 Oct 2016
She is 26 under voluntary commitment.

JessieBelle Oct 2016
How old is your sister? Is she under voluntary or involuntary commitment? If so, who is the committing body? POAs can be agents for the people, either in finance or health, depending on the type of POA. However, they are not guardians unless the child is a minor.

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