Is my husband's living will still in effect now that he has a legal guardian? Do I still have medical POA for him? - AgingCare.com

Is my husband's living will still in effect now that he has a legal guardian? Do I still have medical POA for him?

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The court appointed a guardian for my husband after I and his daughter applied to be his guardian. We agreed to this to end the litigation. I feel that I should have been appointed automatically because his POA stated that he wanted me to be his guardian if needed. He also testified in court that he wanted me. My attorney and the magistrate said it would end up like this because his daughter and I do not get along. I wonder if I gave up too soon, and am wondering if I did the right thing by letting a guardian have complete control of my husband, even health care decisions. He is in assisted living and I feel left out of any decisions made regarding my husband. There were 2 medical mistakes made where they did not ask the guardian or me about permission to perform these procedures. The guardian does not want to be involved and I do not know what my position is as his wife. Any suggestions?

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Guardian has full power over the person and his/her properties. If you have Durable POA, which is differed from POA, it has to be reviewed in details by an attorney to determine if you have any rights to interfere with your husband condition
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Either you and your attorney need to get on the same page or you need a new attorney. It's your attorney's job to explain to you what your position is now that there are two conflicting legal documents. As for wondering if you did the right thing in the past, well, it was the court that appointed a guardian not you. The message of the court was, no one wants your husband to be the victim here.

You need to be communicating! You need to be developing some more collaborative relationships -- now with the guardian if possible, and with the assisted living staff -- so that you can contribute in a positive way to your husband's care.
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First who is the guardian and what is their background... If the medical mistake in any way was a danger to his life I would be talking with your lawyer, and if his daughter gave the persmission I would then seek more legal advice as she is not to be involved either by what you have said. I do not understand why the judge would have a court appointed guardian if your husband said he wanted you to be his POA... At the time was your spouse's mental health poor and why is he in assited living?
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