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Medical Power of Attorney and State Laws

My brother gave me power of attorney over his medical treatment in the state of Ohio. He later moved to South Carolina and he ended up in the hospital on life support. The hospital called me because I was the person listed to call. I told the hospital I had papers for his power of attorney and they asked if I could come down with them. When I got there one person told me they were good and then the next day I was told they weren't. How can that be?

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March 9, 20170 found this helpful

States can vary in their requirements for a valid power of attorney. While most states will recognize a power of attorney that was validly created in another state, a state can have the authority to refuse. That seems to be what has happened to you.

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March 9, 20170 found this helpful

I know in my state, the papers have expiration dates, and we don't accept from other states.

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March 10, 20170 found this helpful

First - you need to ask why they will not accept your papers because it is possible something was not completed properly when the papers were first signed.

States differ greatly on laws concerning stopping life support so this may be the issue.

The hospital legal office should be able to tell you if there is anything you can do (at this point) but definitely be able to tell you why they cannot accept your papers.

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March 10, 20171 found this helpful

The "persons" to whom you refer were very probably not authorities. Please don't base your options on others' opinions. You want definitive answers? Go to the source. Might take some doing to find the absolute authority (a medical board or some such), but enlist the services of a lawyer or legal aid versed in the laws pertaining to South Carolina.

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