Stop Being someone's Patient Advocate

[Laurie27]

What is the name of your state? MI
I agreed to and signed to be DPO for health care for a my friend when he was in the hospital for surgery on March 27, 2008. He made arrangements for his follow-up care with family members after he was released from the hospital since I could not help him past this point due to my responsibilities at my 2 jobs (a day job and night job). Though agreed upon, this short-term timeframe of me helping was not written in the DPOA. Unfortunately, he had complications and is now back in the hospital. The social worker just informed me that I must continue to act on his behalf as a Psychiatrist has deemed him mentally incompetent and he now can’t terminate me as his DPOA. How do I legally terminate my responsibilities as being his advocate since I never could and still can’t act in this continuing capacity in the first place? What will happen to me if I simply do nothing? What will happen to him? His family will not or is not able to help. Thanks!

 

[seniorjudge]

Q: How do I legally terminate my responsibilities as being his advocate since I never could and still can’t act in this continuing capacity in the first place?

A: There are two ways: If the power of attorney has language in it allowing you to appoint a replacement power of attorney OR there is a successor power of attorney, then you appoint a new one (or inform the successor in writing...keep a copy forever) and then resign in writing (keep a copy forever). The second way is for you to file a lawsuit getting yourself removed and a guardian/conservator appointed. (You will bear the expense unless there is language to the contrary in the durable power of attorney.)


Q: What will happen to me if I simply do nothing?

A: You will be in deep, serious trouble.

 

[garrula lingua]

Laurie,
You can decline to be the patient advocate/agent for the DPOA at any time - read over the Michigan State Bar's Durable Power of Attorney at this site and note item #(H):

(H) A patient advocate may revoke his or her acceptance to the designation at any time and in any manner sufficient to communicate an intent to revoke.



http://www.laprensatoledo.com/Living Wills/Michigan Health care Power of Attorney.pdf

Just do a heading 'Revocation of Durable Power of Attorney'
and then recite the name & identification of the patient and the date of the original DPOA and state that as of the current date you are no longer his patient advocate/agent for this DPOA.
Do it in triplicate, have them notarized and deliver a copy to his Doctor, to the health care facility, and to his closest relative. Send it certified, with return receipt.

His next of kin will take over the job, or the state will assume care decisions.


.... forced indenture stopped in this country many years ago.

 

[Laurie27]

Stop Power of Attorney

Thanks for the input. I thought I couldn't be forced into this if I was unable to physically fulfill the obligation (not unwanting). When you get married it is stated "until death do you part." It should have stated this in the DPOA document if was so!

 

[seniorjudge]

Laurie,
You can decline to be the patient advocate/agent for the DPOA at any time - read over the Michigan State Bar's Durable Power of Attorney at this site and note item #(H):

(H) A patient advocate may revoke his or her acceptance to the designation at any time and in any manner sufficient to communicate an intent to revoke.



http://www.laprensatoledo.com/Living Wills/Michigan Health care Power of Attorney.pdf

Just do a heading 'Revocation of Durable Power of Attorney'
and then recite the name & identification of the patient and the date of the original DPOA and state that as of the current date you are no longer his patient advocate/agent for this DPOA.
Do it in triplicate, have them notarized and deliver a copy to his Doctor, to the health care facility, and to his closest relative. Send it certified, with return receipt.

His next of kin will take over the job, or the state will assume care decisions.


.... forced indenture stopped in this country many years ago.

I like your answer better than mine.

 

[garrula lingua]

Odd, I like yours better 99.9999% of the time