Power of attorney abuse. What can an outsider do?

[Subjection1]

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

I live in WI but this question is for my brother who lives in IL.

My brother who is 56 has a lady friend who is not mentally capable of handling her own affairs, and is considered by my brother to be rather "childlike". She lives with her mother who is elderly and needs constant taking care of by this woman. My brother tells me that this woman (we'll call her Teresa) has blood clots in her leg that her doctor says need to be removed. The problem comes from the fact that her sister (her name is Sandy) has power of attorney over Teresa as well as their mother and will not allow Teresa to have the operation because she wants Teresa to stay home and take care of their mother. The operation would leave Teresa in bed for quite awhile and Sandy doesn't want that. She wants Teresa to stay up and take care of their mother. If Teresa doesn't get the operation to remove the blood clots, she could lose her leg, or even die.

The doctor, knowing about the power of attorney Sandy has, told Teresa to "talk it over with her family". I take it that the doctor has to respect the fact that Sandy has power of attorney over Teresa and is leaving it between them to get this resolved.

My brother wants to do something but feels he can't because he's not a family member. Teresa could die if she doesn't get her operation. Doctor can't operate without Sandy's consent. Their mother is in no position to help. Sounds to me like Teresa is suffering power of attorney abuse here.

I've read the article on this site about the issue at https://law.freeadvice.com/estate_planning/living_wills_power_of_attorney/power-of-attorney-abuse.htm but would like to get more specific advice on what can be done in this case where encouraging the victim to build social networks and so forth is not practical. I would think that the doctor would be the first line of defense here since he examined her and knows she needs the operation, but he has put the responsibility on Teresa to talk to her family which is of no help. Teresa isn't capable of doing research into this, and my brother isn't good at it and does more worrying about it than doing anything, so I'd like to find out what can be done so I can at least tell him what can be done.

 

[LdiJ]

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

I live in WI but this question is for my brother who lives in IL.

My brother who is 56 has a lady friend who is not mentally capable of handling her own affairs, and is considered by my brother to be rather "childlike". She lives with her mother who is elderly and needs constant taking care of by this woman. My brother tells me that this woman (we'll call her Teresa) has blood clots in her leg that her doctor says need to be removed. The problem comes from the fact that her sister (her name is Sandy) has power of attorney over Teresa as well as their mother and will not allow Teresa to have the operation because she wants Teresa to stay home and take care of their mother. The operation would leave Teresa in bed for quite awhile and Sandy doesn't want that. She wants Teresa to stay up and take care of their mother. If Teresa doesn't get the operation to remove the blood clots, she could lose her leg, or even die.

The doctor, knowing about the power of attorney Sandy has, told Teresa to "talk it over with her family". I take it that the doctor has to respect the fact that Sandy has power of attorney over Teresa and is leaving it between them to get this resolved.

My brother wants to do something but feels he can't because he's not a family member. Teresa could die if she doesn't get her operation. Doctor can't operate without Sandy's consent. Their mother is in no position to help. Sounds to me like Teresa is suffering power of attorney abuse here.

I've read the article on this site about the issue at https://law.freeadvice.com/estate_planning/living_wills_power_of_attorney/power-of-attorney-abuse.htm but would like to get more specific advice on what can be done in this case where encouraging the victim to build social networks and so forth is not practical. I would think that the doctor would be the first line of defense here since he examined her and knows she needs the operation, but he has put the responsibility on Teresa to talk to her family which is of no help. Teresa isn't capable of doing research into this, and my brother isn't good at it and does more worrying about it than doing anything, so I'd like to find out what can be done so I can at least tell him what can be done.

I think that because you are getting the information third hand, that somehow the story is not clear.

Someone who has a power of attorney over another person ONLY has the right to make medical decisions if the party is indisposed and unable to make decisions themselves. Also, a POA can be revoked at any time. Therefore Sandy's consent would not be needed as the woman in question is awake and able to make decisions herself.

Now, if Sandy has guardianship over her sister then that would be another story. However, in that case, if Sandy is making medical decisions contrary to the best interest of the woman then perhaps the adult or elder protection services agency in the area should be consulted.

 

[Dandy Don]

The power of attorney that Sandy has only gives Sandy authority to manage the financial assets and it does NOT give Sandy any authority with medical decisions. If there is no other friend or family member who Teresa wishes to give a signed MEDICAL authorization to, then that is most unfortunate, and yes, elderly protective services should be contacted about this life-threatening situation.

 

[Subjection1]

I think that because you are getting the information third hand, that somehow the story is not clear.

Someone who has a power of attorney over another person ONLY has the right to make medical decisions if the party is indisposed and unable to make decisions themselves. Also, a POA can be revoked at any time. Therefore Sandy's consent would not be needed as the woman in question is awake and able to make decisions herself.

Now, if Sandy has guardianship over her sister then that would be another story. However, in that case, if Sandy is making medical decisions contrary to the best interest of the woman then perhaps the adult or elder protection services agency in the area should be consulted.

What if the party is unable to make decisions due to being "mentally incompetent"? Would POA still apply?

The power of attorney that Sandy has only gives Sandy authority to manage the financial assets and it does NOT give Sandy any authority with medical decisions. If there is no other friend or family member who Teresa wishes to give a signed MEDICAL authorization to, then that is most unfortunate, and yes, elderly protective services should be contacted about this life-threatening situation.

I don't understand then why the doctor isn't going ahead with the operation and is telling Teresa that she has to discuss it with her family. She's an adult. It's as if the doctor is catering to the wishes of the family rather than the patient. Isn't the doctor supposed to go ahead with the operation if the patient wants it, regardless of POA?

 

[Zigner]

I don't understand then why ...

Likely because you don't have enough information about the matter.

 

[Subjection1]

Likely because you don't have enough information about the matter.

Which is why I'm here seeking that information.

 

[Zigner]

Which is why I'm here seeking that information.

WE won't have information about the matter. The point is that you are far removed (both legally and physically) from the situation. Nobody here can intelligently comment on the specifics of the matter.

 

[Just Blue]

Which is why I'm here seeking that information.

No. You're "here" to post about someone else's situation. There is no way ANYONE here can assist YOU.

 

[Subjection1]

No. You're "here" to post about someone else's situation. There is no way ANYONE here can assist YOU.

It's a situation my brother is dealing with because his lady friend is being denied a life-saving operation. I'm simply trying to get the information for him so he'll know what to do. My brother doesn't know what to do, his lady friend doesn't know what to do, and her doctor isn't going to do the operation and is leaving it in the hands of his lady friend's sister. I'm just trying to get some free advice (the name of this site) so maybe my brother's lady friend won't have to needlessly die due to being denied an operation.
Thank you to LdiJ and DandyDon for helping me out.

 

[Just Blue]

It's a situation my brother is dealing with because his lady friend is being denied a life-saving operation. I'm simply trying to get the information for him so he'll know what to do. My brother doesn't know what to do, his lady friend doesn't know what to do, and her doctor isn't going to do the operation and is leaving it in the hands of his lady friend's sister. I'm just trying to get some free advice (the name of this site) so maybe my brother's lady friend won't have to needlessly die due to being denied an operation.
Thank you to LdiJ and DandyDon for helping me out.

Actually it is a situation the "lady friend and or her guardian are dealing with". You are just a busybody.

 

[Zigner]

It's a situation my brother is dealing with because his lady friend is being denied a life-saving operation. I'm simply trying to get the information for him so he'll know what to do. My brother doesn't know what to do, his lady friend doesn't know what to do, and her doctor isn't going to do the operation and is leaving it in the hands of his lady friend's sister. I'm just trying to get some free advice (the name of this site) so maybe my brother's lady friend won't have to needlessly die due to being denied an operation.
Thank you to LdiJ and DandyDon for helping me out.

I'm sure they both appreciate your thanks, but I'm also sure they will both acknowledge that they are totally guessing at this because YOU don't know what's going on. GIGO.

 

[Subjection1]

Actually it is a situation the "lady friend and or her guardian are dealing with". You are just a busybody.

Trying to make sure a vulnerable person isn't being abused (refused a life saving operation) makes me a busybody? Okay....

 

[Subjection1]

I'm sure they both appreciate your thanks, but I'm also sure they will both acknowledge that they are totally guessing at this because YOU don't know what's going on. GIGO.

You could be right. Maybe my brother's information isn't totally accurate. But I have to ask based on what information I'm given. If what he's saying is correct, then I feel that I should get whatever advice I can and then give it to him so he can do something other than feel helpless. If this woman could die, I at least want to be able to provide my brother with some kind of advice instead of just assuming the situation is hopeless.

 

[Zigner]

You could be right. Maybe my brother's information isn't totally accurate. But I have to ask based on what information I'm given. If what he's saying is correct, then I feel that I should get whatever advice I can and then give it to him so he can do something other than feel helpless. If this woman could die, I at least want to be able to provide my brother with some kind of advice instead of just assuming the situation is hopeless.

I suspect that what you are calling "PoA" is actually some form of a guardianship, and that is a whole different ball of wax. Please tell your brother that if he suspects some sort of elder abuse, he should contact the authorities.

 

[Just Blue]

Trying to make sure a vulnerable person isn't being abused (refused a life saving operation) makes me a busybody? Okay....

Yes it does when you are 3rd party and have no FIRST HAND info. If you brother is concerned he could have posted.

Many of us here have posted on someone's behalf and were WRONG to do so. WE learn. Will you?