[WSBAPT] Health Care surrogate decision maker

[michael westseattleattorney.com]

Sounds like the meds might be the problem - other than guardianship, daughter, next of kin should be able to work with hospital, right?

[cid:0165d0e1-57b1-4dc9-810a-d05159750d05]

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Rich McEntee <jrmcentee at gmail.com>
Sent: Wednesday, January 5, 2022 10:47 AM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Health Care surrogate decision maker

Hello

I am hoping that someone can provide me with some guidance. My sister in law’s father has been ill and in critical care in a Tacoma hospital. He has no living spouse and no heath care POA or directive. Apparently her father fell at home and was taken to the hospital several days ago. At the time he was admitted, he signed a DNR and DNI. It seems that he was competent and coherent at the time. Now, several days later, the father is in an out of consciousness and has no understanding of his surroundings and does not recognize his daughter. The daughter is attempting to get information to assist with health care decisions and to understand the nature of her father’s condition. She has received sporadic and inconsistent information from nurses at the hospital and is not receiving answers to direct questions. She has reached out to her father’s primary care physician but the physician and his office will not speak to her due to HIPAA concerns.

I understand that in the hierarchy of surrogate health care decisions makers the daughter has some standing. Does she have any avenues by which to obtain health care information in light of HIPAA? Can she make heath care decisions for her father while he lacks capacity?  Can she override the DNR or DNA? If she has the power to act, what is the mechanism by which she can do so?

I would appreciate any feedback or assistance with these questions.

Thank you
Rich


RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>


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