united-states medical new-jersey
When does a POA for Medical Come become effective
<p>Imagine a mother has given her adult son a POA for medical when she cannot speak for herself. After some time, she has dementia and needs to go to the emergency room. In the emergency room it is determined that she cannot make a rational decision about her health care. It is also determined that she is not a danger to herself or others. Given these two facts, would the POA give the son the right to force medical treatment (and possible a hospital stay) on the mother?</p>

<p>It would seem that the scenario you describe is the exact purpose of the document.</p>
<p>But, there may be specific requirements that are needed to become effective.  In my personal and recent experience, two letters from people &quot;licensed to practice medicine&quot; attesting to the disability were required, and one had to be from a primary care provider.</p>
<p>Bottom line, read the document - it should tell you when and how it becomes effective.</p>

<p>W.r.t. New Jersey law, I assume the mother properly executed <a href="https://www.nj.gov/health/advancedirective/documents/proxy_directive.pdf" rel="nofollow noreferrer">this form</a> whereby she</p>
<blockquote>
<p>appoint[s] a health care representative with the legal authority to
make health care decisions on my behalf and to consult with my
physician and others.</p>
</blockquote>
<p>The directive <a href="https://law.justia.com/codes/new-jersey/2022/title-26/section-26-2h-59/" rel="nofollow noreferrer">becomes operative</a></p>
<blockquote>
<p>when (1) it is transmitted to the attending physician or to the health
care institution, and (2) it is determined pursuant to section 8 of
this act that the patient lacks capacity to make a particular health
care decision</p>
</blockquote>
<p>but also</p>
<blockquote>
<p>Treatment decisions pursuant to an advance directive shall not be made
and implemented until there has been a reasonable opportunity to
establish, and where appropriate confirm, a reliable diagnosis and
prognosis for the patient</p>
</blockquote>
<p>Note that under <a href="https://%20https://law.justia.com/codes/new-jersey/2022/title-26/section-26-2h-57/" rel="nofollow noreferrer">NJ. Stat. 26:2H-57(d)</a>,</p>
<blockquote>
<p>A patient who lacks mental capacity may suspend an advance directive,
including a proxy directive, an instruction directive, or both, by any
of the means stated in paragraph (1) of subsection b. of this section.
A patient who lacks mental capacity and has suspended an advance
directive may reinstate that advance directive by oral or written
notification to the health care representative, physician, nurse, or
other health care professional of an intent to reinstate the advance
directive</p>
</blockquote>
<p>where the simplest method is</p>
<blockquote>
<p>Notification, orally ...by any other act evidencing an intent to
revoke the document</p>
</blockquote>
<p>i.e. saying &quot;I revoke your medical power of attorney&quot;.</p>
<p>Assuming that didn't happen, there must be a <a href="https://law.justia.com/codes/new-jersey/2022/title-26/section-26-2h-60/" rel="nofollow noreferrer">medical determination of incapacity</a>, which involves the attending physician and at least one other physician (also, neither can be the patient-selected health care representative). If the directive <em>has</em> been revoked, there would have to be a court procedure to have the son appointed as guardian.</p>
