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Note this post is from July. OP has not been back
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If “not following advance directive” means the sibling is ordering life-sustaining things the directive specifically prohibits, then obviously, this sibling is willing to pay for keeping the parent alive. Don’t you be suckered in. If parent was wise and thoughtful enough to sign something to prevent this waste of money, then the directive should be honored. But you give NO details, so maybe get off a public site, and get that lawyer involved. What EXACTLY is happening?
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Who is listed on the Advance Directive to make healthcare decisions? Is your loved one in the hospital? need more info.
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Does someone have POA? That has more clout than an advance directive
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If one is incapacitated the doctors will usually follow the wishes of the POA or next of kin. An advance directive is not legal in the sense a will is.
If a person is incapacitated and unable to make his or her own decisions those decisions are made by the POA or the next of kin taking the advance directive of the patient into account. Our advanced directives make clear our WISHES, but once we are helpless there is nothing saying that the POA MUST follow the advanced directive.
More details will get you better answers.
Wishing you well.
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MJ1929 Nov 2022
Don't confuse an advance directive with a living will. The living wills are kind of wishy-washy on legality, but an advance directive is a legal document and needs to be followed.
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