This question needs an immediate attention. How does my power of attorney for Health care take away my right?

I am in deep with psych problems in Wisconsin. My power of attorney needs to take away my rights so I can get treatment and stay in treatment. How does she do this? I am desperate!!!

5 Answers

  • 1 decade ago

    A health care power of attorney is not the same as a power of attorney.

    You may choose whomever you wish to be your health care advocate in case you are unable to make medical decisions for yourself.

    Obviously the person you choose must agree and be aware that they have been named on the health care power of attorney.

    This does NOT have to be done through an attorney, although it can be. You can get these forms at a doctor's office or a hospital. If a court of law decides you are incapable to making medical decisions for yourself, and you do not have a health care power of attorney, the court will appoint someone to act as your advocate. Obviously, you'd want to avoid that.

    The advantage of seeing an attorney regarding this matter is that they will be able to explain all of the legal ramifications as well as the benefits of having this form already signed.

    It sounds like your problems require a hospital stay. Talk to a lawyer about the possibility of committment, voluntary or otherwise. Generally speaking, they can only commit you if you are a danger to yourself or someone else. Good luck to you, I hope this helps.

    By the way, if you don't like the decisions being made by whomever you gave your health care power of attorney to, you can make a new one. The new one will negate the old one as long as its properly filled out.

  • 1 decade ago

    Hi - I am from Canada, so the rules here are definitely different, but a couple things did come to my mind... First: I'm not sure your Power of Attorney can take away your rights unless you have been found to be incompetent to make your own decisions. Also, here in Canada, generally, no one can be forced into care, psychiatric or not, it all has to be on a voluntary basis (except if ordered by a court). My understanding of Power of Attorney is that it is intended to takeover when the person is NOT able to advocate or speak for themselves. You still are able to advocate for yourself- that doesn't mean you are making the best decisions, but until you can no longer make decisions for yourself, your Power of Attorney may not be the answer you are looking for. Check your phone book, there may be a legal clinic that will offer you a free initial consultation and that may answer some of your questions. Also, see if your local hospital has a "Patient Advocate" office, they may also be able to help you.

  • 1 decade ago

    Here's where you can go for the actual form.

    It sounds to me like you may already have one, but you're afraid that when you're awake, and in theory can make your own decisions, you need to have her/him override those decisions if it means you want to leave a treatment facility. It may be as simple as letting the facility know in advance that they are to deal with your PoA only in specific circumstances.

    But *I* am not a Lawyer. There is a number to call on that form I just gave you the link for. It is: 608-266-1251

    Good luck. My prayers are with you.

    Source(s): Employed by Dept. of Health & Human Services, Centers for Medicare & Medicaid Services (Federal Government)
  • rosey
    Lv 7
    1 decade ago

    Contact your county's probate judge.

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