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needanswers2017 Asked April 2017

What are my rights in making decisions for Dad?

my father is in the hospital and is unconcious I am the eldest child in the state of Texas what are my rights in making decisions for him. There are four children, the eldest lives out of state and has never had a relationship with his father. I am the next eldest that lives in the same state and town as he does. What are the rights of the children. Do I need a POA?

jeannegibbs Apr 2017
Countrymouse has given you an excellent response, and she isn't even from Texas!

Are the four of you in conflict over what is best for Dad? The best is if you can decide among yourselves who will be the medical contact person, and then agree to discuss important decisions before they are conveyed to the hospital.

Countrymouse Apr 2017
If your father is unconscious he cannot give you Power of Attorney.

This isn't really about your rights, it's about your father's rights and his clinicians' responsibilities. I would expect them to want to discuss their patient's treatment with his next of kin, and in the absence of better candidates - e.g. wife - that'd be you. You may find that their ability to do that is restricted by their duty of confidentiality, in which case track down a social worker, counsellor or liaison officer at the hospital for advice about what to do.

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