Hospital staff refused Five Wishes & Vita papers.

Question

S

Susan7276 Asked September 10, 2023

Hospital staff refused Five Wishes & Vita papers.

Paramedics took fiancé to a different hospital. New case manager hadn’t heard of it. The case manager she was assisting demanded that I give his sister’s info. There were many issues with her & my fiancé didn’t want her involved. I refused. Then they said not notarized so invalid- Fl doesn’t require that. Then about the 8th call to me demanding in a horrible tone was told they’d find it out by paper trail. Then told needed you pay medical bills, I stated I had authority to do that.
I wasn’t notified ahead of time for any procedures until he went to another floor & then only if specialist insisted I needed to give approval so I didn’t know until last minute. He couldn’t eat solids but they refused feeding tube for almost 15 days where he lost over 25% of body weight. That caused more issues as to my rights with all documentation.

Advance Directive Emergency Care Power of Attorney (POA)

6 Answers

Most
Helpful Newest
First Oldest
First

Recent Questions

Related Questions

score 0 · Answer 1

Any attorney can write up a Medical POA or Medical directive. Call your local Offuce of Aging and see if they have a number for Legal Aide.

Helpful Answer (0)

score 0 · Answer 2

This is the 2nd hospital to refuse…Currently can’t afford elder attorney.

Helpful Answer (0)

score 1 · Answer 3

Yes, you posted on Aug 20th about the same problem. Is this the same circumstance? Is your Fiance competent to sign something saying you can speak for him? Do you have Medical POA? I too think you need a lawyer to at least tell these people that the FIVE wishes is a legal form.

Helpful Answer (1)

score 1 · Answer 4

You may or may not have authority according to the rules and laws of your state. You are not legally a next of kin. The sister is.

I would contact an elder law attorney at once. Sounds like (tho you don't tell us) that your loved one is in dire circumstances. This is emergent. Call tomorrow morning. Also contact hospital Social Services and begin grievance process.

Helpful Answer (1)

score 0 · Answer 5

"Is Five Wishes legally binding?

Five Wishes documents are considered legally valid in almost every state, but some states require additional forms and mandatory notices. It currently meets requirements for 44 states.

If you live in Indiana, New Hampshire, Kansas, Ohio, Oregon or Texas, you will need to take additional steps beyond the Five Wishes document."

Source: https://www.seniorcarelifestyles.com/uncategorized/know-your-options-five-wishes-or-medical-power-of-attorney/#:~:text=Five%20Wishes%20documents%20are%20considered,meets%20requirements%20for%2044%20states.

Five Wishes is basically a Advanced Healthcare Directive (Living Will). Its purpose is to guide the *legal medical PoA* when making decisions for the LO's medical care.

If you are not his MPoA or legal guardian, Five Wishes may not give you enough authority here, as I'm interpreting it. FW allows you to have insight into his care but apparently does not give you the authority to make the actual decisions for him, regardless that you are his fiancee or not.

When we created our Trust and legal care documents with our elder law attorney, we did a Living Will but also assigned MPoAs. So, I think FW and MPoA are not the same.

Helpful Answer (0)