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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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Old 10-08-2009, 10:15 AM
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Liability of the POA for healthcare

What is the name of your state (only U.S. law)? IL

What is the legal liability of the POA for health care in this scenario?

We have a elderly family member who, in the opinion of her "dementia-specialist" neurologist, can no longer live alone due to the stage of her dementia. We knew that this day would come "some day" but weren't expecting it quite so soon--we felt that things were moving that way and we have been working on it, but didn't have things ready yet. This is a sore subject for the family member, to boot. We just had this doctor appointment yesterday, and are quickly working on taking the next step in her care. POA for finances and healthcare had been set up already before (that's us) and we have an appointment with an elder law attorney in a few days.

Meanwhile, she is still alone while we're scrambling to figure things out. If something were to happen, God forbid, could we as POA be held responsible now? The main thing that has changed in our whole scenario is that her doctor has *verbally* told us her opinion on the living arrangement. Does that have legal bearing? Could we be considered negligent in this interim if something happened?
Last edited by caregiverIL; 10-08-2009 at 10:27 AM.
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