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Old 08-04-2008, 01:40 PM
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childs rites over a parents medical


[/font]What is the name of your state (only U.S. law)?
louisiana
my husbands father has been undergoing chemotherapy and radiation for lung cancer
and his aunt with out my husbands knowledge , had his father give her power of atty to make all medical decisions for him . and now they are wanting to put him in a nursing home and my husband does not want this , please tell us what we can do to take control of his fathers medical intrists . he is his fathers only child and the family is telling him he has no rites to make any decisions for his father .
thanks
staceyjenkinsWhat is the name of your state (only U.S. law)?
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Old 08-04-2008, 01:41 PM
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Louisiana is the state we live
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Old 08-04-2008, 09:48 PM
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YOur husband would have to sue and prove that his father was incompetent AT THE TIME his father gave his aunt the medical power of attorney. Then he would be able to have that POA voided and THEN he could sue to be named his father's POA provided he has served all relevant parties (his aunt and most likely his father's other siblings).
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Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.

Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all.
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