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can I assign a therapist medical power of attorny/guardianship?

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miss-fortune67

Junior Member
What is the name of your state? North Carolina, but I need to know any differences in New Jersey and Kansas

Currently, my husband has medical power of attorney and can make medical decisions for me. He is reluctant to exert this, and maybe the legal document we have drawn up doesn't really enforce this anyway, ... but he is reluctant to agree to be the decision-maker for admission and discharge issues related to an eating disorder. I continue to leave treatment programs, and though doctors ask if he is agreeable, he will say yes even if it isn't in my best interests to leave. I have nearly died several times as a consequence of anorexia, and I don't want to. And I seek out the care at inpatient facilities. And unless I have an emergent medical condition, I am allowed to go. I want to try treatment again but not be able to "run away" from it and be forced to stay with the program. I don't want a court-order, however, in my records. I am competent in my life as a whole but not in this particular area.

Can I assign decision-making power to a trusted friend, who has ended up and is currently still now a clinician (biofeedback therapist ... not primary psychotherapist) on my treatment team. I believe she would be more objective and definitely would make decisions in the best interest of my health. It may affect our relationship as friends, and the professional relationship we have, however, and I don't know if she would be willing to jeopardize that. If she were, however, is this possible/legal, and if so, how would such an agreement be drawn. I would be looking at a limited scope power of attorney-type thing with a limited period of time defined by the period of inpatient treatment and would want my husband to ultimately have decision-making for any other health issues, should I be unable to make them for myself due to medical illness, trauma, accident, etc. ... even while in the program.

miss-fortune67
 


BlondiePB

Senior Member
Can I assign decision-making power to a trusted friend, who has ended up and is currently still now a clinician (biofeedback therapist ... not primary psychotherapist) on my treatment team.
No........
 

miss-fortune67

Junior Member
So it couldn't be re-written to allow this complex relationship?

North Carolina, New Jersey, Kansas are states in question.

So, a lawyer can't specify such an arrangement, a dual power of attorney type of circumstance, even with changes or the legal document we already hve and discontinued professional relationship?
 

BlondiePB

Senior Member
miss-fortune67 said:
So, a lawyer can't specify such an arrangement, a dual power of attorney type of circumstance, even with changes or the legal document we already hve and discontinued professional relationship?
No. This is a conflict of interest which is against the law. The only exception would be if the health care professional involved in your treatment is also a family member.
 

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