Legal Question in Elder Law in California

my parents' medical dr. honoring power of attorney

Both my brother and I have medical power of attorney and durable power of attorney granted to us by our elderly parents, age 80 and 84. They gave this to us for a variety of reasons, but most specifically so we could freely talk with their health care providers, etc. Their primary care Dr. REFUSES to honor the power of attorney documents, even though he has notorized copies. He says it is his office policy to not discuss anything about our parents unless it is in their presence. We cannot even call to make appts. for them, ask questions.......nothing. My mother has been diagnosed with early dementia, and she is in complete denial about this. It is impossible to discuss her numerous problems with her present. In fact, she has come to resent us being at her medical appts. I could write a book about the frustrations we are experiencing, and largly because of their Dr. and his refusal to have conversations either in person, or by letter, or email with us. What can we do???? Even my father is extremely frustrated because he wants us to help him navigate the medical help our mother needs. My mother's behavior is erratic and unpredictable, and we fear for her safety.


Asked on 3/17/07, 11:03 pm

2 Answers from Attorneys
Joshua Hale Hale Law Group

Re: my parents' medical dr. honoring power of attorney

The doctor is not a lawyer. With that being said, if you want to protect your mother, you should perhaps consider applying for a conservatorship over her. This would be a court order that the doctor would legally have to honor. I am sorry to hear about your mother, it must be very frustrating to you that someone with a medical degree cannot understand how taking care of your mother's medical interests is beneficial to his client, and to his clients family.

If you need help with these issues please feel free to contact my office at your earliest convenience.

Joshua Hale

Read more
Answered on 3/22/07, 10:08 pm
Scott Grossman The Grossman Law Firm, A.P.C.

Re: my parents' medical dr. honoring power of attorney

When doctors won't acknowledge a valid durable power of attorney the only way to force their is by petitioning the probate court. Based on your mother's doctor's attitude I think you are going to have to do that if you want any satisfaction.

Read more
Answered on 3/23/07, 3:10 pm


Related Questions & Answers

More Elder Law questions and answers in California