[moonlite]

When my mother was in good health, she gave me a medical power of attorney to make decisions for her when she gets seriously sick and is admitted to the hospital. Unfortunately, this time has come. But now other family members are starting to disagree already as to what is best for her. I am reluctant out of respect for their feelings to make decisions without first consulting with them. But if push comes to shove, can I legally do what I believe is best regarding her medical needs even if some of them disagrees with me? Will they be able to stop me based on the fact that they are "other family members" ? Thank you.

[twinkiedooter]

Before everything gets out of hand with the other relatives, may I suggest that you consult with an attorney before they do about you having the say so with your mother's medical care. For example, to let her linger when she is a "vegetable", etc. should be thoroughly discussed with the attorney. The last thing you want right now is some well meaning relative getting an emergency injunction keeping you from fulfilling your mother's last wishes.

[JudyKayTee]

When my mother was in good health, she gave me a medical power of attorney to make decisions for her when she gets seriously sick and is admitted to the hospital. Unfortunately, this time has come. But now other family members are starting to disagree already as to what is best for her. I am reluctant out of respect for their feelings to make decisions without first consulting with them. But if push comes to shove, can I legally do what I believe is best regarding her medical needs even if some of them disagrees with me? Will they be able to stop me based on the fact that they are "other family members" ? Thank you.

I've been through this and my advice is slightly different from that of my colleague, Twinkie.

If you have the medical power of attorney your mother trusted you to make her medical decisions. For whatever reason or reasons she named one person - you.

Your first responsibility is to respect your mother's wishes based on the input of her Physicians. It is not your responsibility to make your family happy (for lack of another word) but it IS your responsibility to honor your mother's wishes. Your family members will have a difficult, uphill battle if they are attempting to set that power of attorney aside or have input in your decision, input which is contrary to what you have decided (or will decide) is in your mother's best interest.

As I said - I've been there. In my case the argument was on religious grounds but I had the Medical Power of Attorney and the Court did not/would not set that aside.

Your mother trusted you and you alone to honor her wishes and that's why she gave you the P/A. That's your first duty, to protect your mother.