Written by Benjamin Kingsley
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Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
If there is no valid medical power of attorney in place, healthcare decision-making typically follows a statutory hierarchy established by state law. While the exact order may vary somewhat between states, it generally proceeds as follows:
1. Spouse: The patient’s legally married spouse is usually first in line to make medical decisions if the patient is incapacitated.
2. Adult children: If there is no spouse, or the spouse is unavailable, the patient’s adult children are next in line. If there are multiple adult children, most states require them to reach a consensus.
3. Parents: For an unmarried adult without children, the patient’s parents would typically be next to make healthcare decisions.
4. Siblings: Adult siblings are usually next in the statutory hierarchy if no spouse, children, or parents are available.
5. Other relatives: More distant relatives like grandparents, aunts, uncles, or cousins may be consulted if closer family members are not available.
6. Close friend: In some cases, a person who has exhibited special care and concern for the patient may be appointed to make decisions.
It’s important to note that this process can become complicated and contentious, especially if family members disagree about treatment. Additionally, healthcare providers may need to petition the court for appointment of a guardian if no clear decision-maker can be identified or agreed upon. This underscores the importance of having a properly executed medical power of attorney in place to ensure your healthcare wishes are followed and to minimize potential family conflicts.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.