If such a person is presented to the ER in a critical triage state, the ER staff will do their best to save and stabilize the person. If no MPoA, or identified family, presents themselves, the hospital ethics team (doctors, social workers and representatives of hospital administration) will meet and present a petition for guardianship to the state government's judicial system. The court will then appoint a guardian - most likely an attorney.
Assuming the doctors/medical staff can clearly see the person is incapacitated (or was told by whomever called 911), they would have the hospital social worker get involved. After that if no one steps in to collect the patient for discharge, then the social workers begin guardianship procedures by the county.
They would have a judge appoint a Guardian to make immediate decisions. Then they would try to get in touch with any relatives. If any relatives are found and they do not want to assume responsibility for making decisions then the court appointed Guardian would remain Guardian until the persons death.
I believe that if no family members step up to gain guardianship(which can be quite expensive)of said incompetent patient, then the state will become the persons guardian, and will designate someone to make all the decisions for them. That's why it's always best to get your ducks in a row,(and all your paperwork too) before it comes to that.
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appoint a succession of people to be POA, not just one person.
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Then they would try to get in touch with any relatives. If any relatives are found and they do not want to assume responsibility for making decisions then the court appointed Guardian would remain Guardian until the persons death.
That's why it's always best to get your ducks in a row,(and all your paperwork too) before it comes to that.