Who is chosen by law to be the POA if the adult does not have a spouse?

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Hello, my husband's dad got put on hospice today, but there is constant fighting about who is POA . Since his father is no longer married wouldn't it be by law in new mexico get handed down to his oldest child(my husband)? And if the adult in hospice has siblings who would come first to be the POA? Please help!

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Again, he should talk with the social worker and his dad's doctor about his dad's condition.

It is very sad and shocking to find out that a parent is eligible for Hospice, especially if one hasn't been kept in the loop about that parent's health. As I mentioned above, Hospice is not pulling the plug. Hospice is providing the patient with care that will provide comfort, not a cure, when a cure is not possible.

It sounds as though it has been determined that your FIL has a life limiting disease (perhaps cancer?) and that is why Hospice is an option.
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The aunt is not wanted there by all the kids and all my husband wants to know is either yes he can stop the hospice or no he is taking it bad
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Is Aunt telling you and hospital that SHE's holds the Power of Attorney? Did FIL grant that to her? No one is Power of Attorney unless FIL put that in writing at some point.

Guardianship supersedes Power of Attorney. He will need to go to court; the social worker at the hospital can tell him what avenue to take to pursue emergency guardianship.

Alternatively, contact a lawyer who specializes in Elder Law and guardianship.

Why are you interested in having the aunt escorted off the premises?

Has your husband talked to dad's doctor about what the prognosis is ? What are his underlying medical issues?

Hospice is not so much about "pulling the plug" as it is about keeping the patient pain and anxiety free.
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So were going to the hospital here in a little bit can my husband (again being his oldest child ) stop him from being put on hospice and decide to put him thru surgery
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Yes he does that's what he's trying so hard to do but we can't figure who is his POA because he is incompetent and can't answer for himself, would it be my husband because he's the oldest living child?
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So, FIL is on hospice. Do his children agree with that DECISION? I'm guessing not, if they want him to have surgery.

Your husband should meet with the hospital social worker to talk anout who is calling the shots. Does your husband want to pursue guardianship?
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Can she decide what's going to happen to him next? Without no verbal or written agreement no agreement at all! If my husband is appointed the POA (because of being the next family member in line ) can he choose to have her escorted out of the hospital ?
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So no will, he didn't fill the HIPPA, and my father in law chose a DNR, so the auntie is trying to pull the plug on him when he still has living children who want to put him thru surgery to see if will make it he has the option to go thru surgery do determine if he has a dead intestine, or to figure out what's causing him so much pain. The kids want there dad to live but the auntie is trying to put herself in charge and pull the plug but the kids want to see what else can be done to help him . does the auntie have any say in anything if the dad never said anything about her being in charge of him
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What issues need to be addressed? Medical, financial? Does your husband disagree with how his aunt is handling something?

Did you father in law sign a HIPAA form when he entered the hospital, allowing some or all relatives (your husband, for example) to be kept informed by the medical staff of his health condition? Did he complete an Advanced Directive or Living Will? Does he have a DNR on file at the hospital?

Does he have a will?
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@BarbBrooklyn so are problem is my husband is trying to find out how the POA works and besides a spouse who is next in line , my father in law is not competent, so the major issue is his sister (father in law's sister) thinks she can call all the shots but she was never named to be the POA. And my father in law is not married he just has older children now.
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