Legal Question in Health Care Law in Pennsylvania

My father is still married, but he and his wife have not lived together for years, in fact she lives in a different state, and while they still file taxes together and talk ocassionally (not very often) she pretty much abandoned him. He has stage IV lung cancer and has not assigned a power of attorney or completed a living will. Should something happen and he becomes incompasitated or disabled, who would the hospital go to to make the medical decisions? Would they come to me, his daughter because his wife is not around? What if his wife shows up? Myself and the rest of the family don't want her anywhere near him or involved in any decisions, as she has not been around for close to five years, nor has she helped during his illness or anything. She was home for a week or so when he was first diagnosed, and then never again. Please help, thanks!


Asked on 8/10/12, 1:07 pm

1 Answer from Attorneys

Glenn Brown Real World Law, P.C.

While he maintains capacity, have dad give instructions about decision makers to the hospital and his doctors. The hospital may have a procedure, if not then someone needs to hire an attorney to draft the documents while your dad can approve and sign.

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Answered on 8/10/12, 2:12 pm


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