power-of-attorney
Revoking a durable medical power of attorney once principal recovers?
<p>I know a person with end stage cancer in Washington state that went with her husband to Hawaii. </p>

<p>She collapsed in Hawaii, went into a coma, went to the ER, and got admitted to hospice. I'm assuming her husband now should automatically have medical power of attorney since she entered into a coma?</p>

<p>Since then, she has recovered greatly. She has woken up, is talking, is lucid, having normal conversation, a good amount of energy, etc. The doctors in Honolulu cleared her to fly back to Seattle on a private plane.</p>

<p>She really wants to go back to Seattle. Her husband forbids it, stating he has medical power of attorney and he gets to decide on everything.</p>

<p>How does a durable medical power of attorney for Washington residents get revoked in a different state once the principal gets better? I'm assuming, but can't confirm, that the hospice must have been given paperwork stating that the husband has the medical power of attorney? She is lucid now, but the husband still is making sure that everyone around knows that all decisions must go through him and him alone.</p>

<h2>Medical Power of Attourney</h2>

<blockquote>
  <p>I'm assuming her husband now should automatically have medical power of attorney since she entered into a coma?</p>
</blockquote>

<p><strong>No</strong></p>

<p>Powers of attorney must be entered into <em>before</em> the person is legally incapable (e.g. in a coma). </p>

<p>It doesn't matter where it was entered into providing that it complies with Hawaiian law. Specifically, it requires two "qualified" adult witnesses known to the person OR before a notary public - one properly entered into in Washington would comply. </p>

<p><strong>Powers of attorney can be cancelled at any time  providing the person is legally competent.</strong></p>

<h2>Surrogate</h2>

<p>If she doesn't have one then Hawaiian law requires a surrogate to make decisions. The patient may designate or disqualify any individual from being a surrogate by informing the supervising health care provider. In the absence of such a notification, the supervising health care provider has to follow a specific process to find all "interested persons" and have them decide who the guardian should be. These are "the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values" - so, a lot of people.</p>

<p><strong>Surrogates can be removed at any time by the person providing they are legally competent.</strong></p>

<h2>Notwithstanding ...</h2>

<p><strong>Even if there is an At tourney or Surrogate, the patient has final say in their treatment providing they are legally competent.</strong></p>

<h2>Legal Competency</h2>

<p>Adults are presumed to be legally competent, however, it is a rebuttable presumption. That said, a person who is capable of understanding their options and clearly articulating which one they want <strong>is</strong> competent.</p>

<p><a href="http://www.hawaii.edu/uhelp/publications/Deciding_What_if.pdf" rel="nofollow noreferrer">Source</a></p>
