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My patient is currently on hospice and daughter is her DPOA, but it is not active as she has not been deemed incompetent by 2 physicians. Does the daughter have rights to try and refuse medications?

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It depends on what the DPOA says. I did not have to have two doctors declare my husband incompetent in order to act on the DPOA our lawyer drew up. If the DPOA for this patient says two doctors have to declare incompetency then that is the way it is for that patient.

But an alert, competent person can override the decision of the DPOA. If the DPOA says "don't give that drug," and the patient says "I want that drug," it is the patient's decision that matters.

As far as "trying" to refuse medication goes, one doesn't even have to have DPOA to try to be persuasive. Daughter can certainly explain why she thinks the medication would not be good and urge her mother to refuse it.

Is the DPOA document on file with hospice or at the hospital, etc.? Can you review it?
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