Legal Question in Wills and Trusts in Kentucky

My mother has recently been committed to a psychiatric hospital. She has refused to sign the paper stating that I can talk to her doctor about her diagnosis, recovery, and medications. She firmly believes that the paper is either a permission form to allow me to keep her in there or a permission form so the doctors and nurses have permission to "kill" her. She clearly isn't able to make good decisions at this point but I just need to be able to talk to her doctor. I have asked about power of attorney but the guidance counselor/ social worker informed me that power of attorney would not work. How can I get permission to discuss my mothers condition with her doctor.


Asked on 3/05/11, 12:03 am

1 Answer from Attorneys

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

If your mother will agree to sign a Health Care Surrogate document (a medical power of attorney, in broad terms), this might work. However, from your description of her mental status, she likely would not agree to this. You may also wish to consider seeking guardianship of your mother although this option would involve court hearings and may not be time effective. Sometimes psychiatric facilities will, in such circumstances, obtain information from you which might be useful in treatment, even if they can't give information to you.

Sincere best wishes to you and your mother.

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Answered on 3/06/11, 7:17 pm


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