My sisterinlaw has Lou gehrigs. She has been married 10 years. Her hubby has alhzeimers. Her daughter inlaw wants to put her on a nursing home as soon as she can not speak or write. My sisterinlaw wants to die at home. Can a person with poa go against the wishes of that person?
Answer
It shouldn't be the case, but it often happens because the person is usually in a vulnerable situation. If you believe your sister-in-law is being treated unfairly and against her will, then she can draft a new Power of Attorney for Health Care naming someone else if she is able. If her mental faculties are intact, she should be able to accomplish this with the help of a lawyer. If not, you might want to petition the probate court to be appointed guardian so there is court oversight as to her care. However, the daughter-in-law may have other reasons such as financial or insurance concerns to continue providing adequate care in the home.
Good luck to you all!
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