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medical power of attorney for newborn?

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W

wendifer

Guest
What is the name of your state? CA

My unmarried daughter will soon give birth. She would like to grant me medical power of attorney for herself and the baby in case of complications during childbirth, as the father's religious preferences may limit medical options. Will such an agreement be binding, or will the father's rights take precedence in the matter of medical decisions if the mother is not able to make those decisions?
 


nextwife

Senior Member
While you may be granted a medical POA for your daughter, the father, once paternity is legally established, will have equal say (until a CO exists establishing anything otherwise) as the mother in medical decisions for the child. She cannot sign away HIS rights as a father to decision making in this.
 
W

wendifer

Guest
When is paternity established?

So at what point is his paternity legally established? When she puts his name on the birth certificate? When a paternity test is performed? If a medical emergency for the baby comes up before either of these things happen, would a medical POA to me be acceptable? I don't want to get into a fight here, but I also don't want anyone being able to withold medical treatment from my grandson, which I know my daughter agrees with. That may be a whole separate issue involving courts if something should arise...God willing this is all just talk anyway, as everyone is healthy as can be!
 

stealth2

Under the Radar Member
It depends. If Dad signs an Acknowledgement of Paternity at the hospital - that's pretty much it.
 

ellencee

Senior Member
It depends. If Dad signs an Acknowledgement of Paternity at the hospital - that's pretty much it.
Are you sure about that? If, before the birth certificate if made, a man walks into a hospital and says, "I'm that baby's father and I'm taking him home" and the mother is unconscious, do you really think they are going to say, "OK, take the baby home."?

Anyway-
When the mother is not married, and unless paternity has been legally established and the rights of the father have been legally established, in the event that the mother is not competent to make decisions regarding the welfare of the baby, the baby will receive whatever medical care he needs. Consent is implied and no POA is needed. A general consent for newborns is included in the mother's admission/consent papers, too. In this poster's situation, as POA for her daughter, if and when it fell to her (OP) to complete the birth certificate information, when asked to name the father, all she has to do is state, "unknown". Problem solved.

EC
 
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