Walk It Through: When Dad Got Sick
A stroke with no one named to decide, the papers signed afterward, and a sibling who goes to court.
A widowed father has a stroke and cannot speak. He never named anyone to make medical decisions, and he has three adult children.
Two things a person in this spot might do. Picking one shows what the law says about it.
One father and three children. A living will's treatment choices, the agent's pay, a conservator over money and a parent with dementia are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- AgentThe person a power of attorney names to act for the principal, who must act in good faith, within the authority given, and keep a record of every transaction.
- DurableContinuing in effect when the principal becomes incapacitated. A power of attorney under the act is durable unless it expressly says otherwise.
- AgeIn the Human Rights Act, the age of 40 or above.
- Living willA written statement of a person's wishes about life-prolonging treatment, made with two witnesses and a notary, and revocable at any time.
- Medical power of attorneyA document naming a representative to make health care decisions, signed before two or more witnesses at least 18 years of age and acknowledged before a notary public.
- Health care surrogateThe person a doctor selects in writing to make decisions for an incapacitated patient who has no representative or guardian, chosen in a set order starting with the spouse and adult children.
- ConservatorA person the court appoints to manage a protected person's money and property, on a petition anyone interested may file.
- Protected personA person a court finds needs a guardian or conservator. Any guardianship is to be the least restrictive possible.