Is it illegal for somebody to stop you from taking prescribed medication?
Or just morally wrong?
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CaptainCanadia · 41-45, M
SW-User
Sorry but you are wrong in the first paragraph, A doctors decision over rides a Pof A in this case so a P of A would still be liable if there were complications from withholding medication
swirlie · 31-35, F
@SW-User
Sorry, but it is actually you who are wrong. You have it backwards.
A Power of Attorney has absolute authority to act on behalf of the person whom they are representing legally, BUT ONLY IF that person is unable to act on their own behalf. For you to suggest that a doctor's decision can override the decision of a P of A is not only absolutely false, but it is also categorically stating that a doctor can override the decision of the person in question as well. The person in question AND his P of A, are considered one-in-the-same person in a Court of Law.
A Power of Attorney CANNOT be held liable because from a legal perspective, the Power of Attorney IS that person whom they are representing through the power vested within them through Power of Attorney legal status.
For the record, there is no physician on earth who has power to act over anyone else on earth unless that physician has been given written authorization to act medically FOR a person. A Power of Attorney who is legally representing another person, IS that other person in question who is under the doctor's care in all legal respects under the judicial system, provided once again that the person in question is UNABLE to act on their own behalf as a result of incapacitation of some kind.
The ONLY way that a Power of Attorney can actually act on behalf of that other person however, is if a physician has declared the person being represented, as being mentally incompetent to represent their own best interests, or if the person in question has become physically incapacitated to a point where they cannot convey rational thought. Yet not a mere medical doctor can declare someone 'mentally incompetent' either. The physician in question also has to be a psychiatrist to make that legal declaration OF someone whom is in his or her professional care.
But until 'mental incompetency' of a person is officially declared, or that person in question is physically incapacitated, a designated Power of Attorney CANNOT act on behalf of that person, nor can a physician make medical decisions FOR the person in question unless the person in question gives the physician written permission to do so.
Under NO circumstances can a physician decide FOR someone else on ANY medical protocol, or else the physician can get his ass sued off and will lose his medical license to practice medicine. It is for this reason and this reason alone, that physicians are extremely reluctant to act in an emergency situation when they have not been given permission to act FOR the person whom they are treating.
Even on a commercial airplane flight, if someone requires the professional services of a doctor on board, the physician who steps forward CANNOT act on his own, even if the person in question is lying unconscious on the floor. For the physician to act, he/she MUST first have onboard documentation signed by the Captain of the flight which completely exonerates the physician from any legal proceedings potentially brought against him, should the unconscious passenger attempt to sue him after-the-fact. This paperwork is onboard every commercial flight and must be signed by the Captain before the physician can legally act, even to save a person's life.
A designated Power of Attorney who is traveling with the person in question however, CAN give a physician the authority to act, provided the P of A provides proof to the attending physician that they are in fact, the person's legal Power of Attorney for Personal Care. This is why, if one is acting as P of A for a person, they should ALWAYS carry proof they are P of A when traveling with that person in question.
Sorry, but it is actually you who are wrong. You have it backwards.
A Power of Attorney has absolute authority to act on behalf of the person whom they are representing legally, BUT ONLY IF that person is unable to act on their own behalf. For you to suggest that a doctor's decision can override the decision of a P of A is not only absolutely false, but it is also categorically stating that a doctor can override the decision of the person in question as well. The person in question AND his P of A, are considered one-in-the-same person in a Court of Law.
A Power of Attorney CANNOT be held liable because from a legal perspective, the Power of Attorney IS that person whom they are representing through the power vested within them through Power of Attorney legal status.
For the record, there is no physician on earth who has power to act over anyone else on earth unless that physician has been given written authorization to act medically FOR a person. A Power of Attorney who is legally representing another person, IS that other person in question who is under the doctor's care in all legal respects under the judicial system, provided once again that the person in question is UNABLE to act on their own behalf as a result of incapacitation of some kind.
The ONLY way that a Power of Attorney can actually act on behalf of that other person however, is if a physician has declared the person being represented, as being mentally incompetent to represent their own best interests, or if the person in question has become physically incapacitated to a point where they cannot convey rational thought. Yet not a mere medical doctor can declare someone 'mentally incompetent' either. The physician in question also has to be a psychiatrist to make that legal declaration OF someone whom is in his or her professional care.
But until 'mental incompetency' of a person is officially declared, or that person in question is physically incapacitated, a designated Power of Attorney CANNOT act on behalf of that person, nor can a physician make medical decisions FOR the person in question unless the person in question gives the physician written permission to do so.
Under NO circumstances can a physician decide FOR someone else on ANY medical protocol, or else the physician can get his ass sued off and will lose his medical license to practice medicine. It is for this reason and this reason alone, that physicians are extremely reluctant to act in an emergency situation when they have not been given permission to act FOR the person whom they are treating.
Even on a commercial airplane flight, if someone requires the professional services of a doctor on board, the physician who steps forward CANNOT act on his own, even if the person in question is lying unconscious on the floor. For the physician to act, he/she MUST first have onboard documentation signed by the Captain of the flight which completely exonerates the physician from any legal proceedings potentially brought against him, should the unconscious passenger attempt to sue him after-the-fact. This paperwork is onboard every commercial flight and must be signed by the Captain before the physician can legally act, even to save a person's life.
A designated Power of Attorney who is traveling with the person in question however, CAN give a physician the authority to act, provided the P of A provides proof to the attending physician that they are in fact, the person's legal Power of Attorney for Personal Care. This is why, if one is acting as P of A for a person, they should ALWAYS carry proof they are P of A when traveling with that person in question.
Picklebobble2 · 56-60, M
If you are prescribed something and it's withdrawn the person who stopped it would be liable to prosecution should anything happen to you as a result.
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swirlie · 31-35, F
Morals have nothing to do with it.
If you were deemed incompetent by a medical professional, then your Power of Attorney could stop you from taking a prescribed medication, as they are acting on behalf of yourself and acting in what they feel is your best interests. But that does not mean they are right! What it means however, is that they have legal control OVER you, which in this case you no longer have for yourself.
If you have NOT been deemed incompetent and are therefore acting in your own best interest, not even a Power of Attorney you have on file can override your own decisions for yourself, because you are still making your own decisions for your own personal welfare.
If a Power of Attorney illegally acted on your behalf even though you are still deemed 'competent' to act on your own behalf, your P of A can be charged with fraud. If you were a senior citizen, your P of A could also be charged with 'Elder Abuse' under the Criminal Code.
If you were deemed incompetent by a medical professional, then your Power of Attorney could stop you from taking a prescribed medication, as they are acting on behalf of yourself and acting in what they feel is your best interests. But that does not mean they are right! What it means however, is that they have legal control OVER you, which in this case you no longer have for yourself.
If you have NOT been deemed incompetent and are therefore acting in your own best interest, not even a Power of Attorney you have on file can override your own decisions for yourself, because you are still making your own decisions for your own personal welfare.
If a Power of Attorney illegally acted on your behalf even though you are still deemed 'competent' to act on your own behalf, your P of A can be charged with fraud. If you were a senior citizen, your P of A could also be charged with 'Elder Abuse' under the Criminal Code.