Power of Attorney?

I was psychotic and hospitalized for a fairly lengthy period of time where my husband was not allowed to receive any information about my whereabouts or condition.

I have just been told that I need to make a plan where if I have another episode, he can make decisions on my behalf if necessary and be informed of my medical situation.

Is that giving him power of attorney? Has anyone ever done this? What exactly does it mean and how would I go about doing it?

Thanks in advance.

Depending on where you live, I think it can be durable power of attorney, or medical power of attorney, maybe even something else. Have an attorney prepare the documents granting the rights/responsibilities to your husband that you want him to have.

It seems really odd to me that they refused to tell your husband your location, or inform him of your condition. Were there some unusual circumstances making them choose to do this?

I didn't talk. I went basically mute for a few months and I guess they maybe weren't sure if he was friend or foe to me. I transferred hospitals during that time and they said they couldn't tell him where I was or anything about my treatment.

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Either way, I think it's the law in my state.

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I don't believe that is poer of attorney. This to me is just common sense emergency contact. I think it is pretty normal. Anytime I have gone into the hospital for mental health issues as well as physical, I have had to complete a next of kin form.

I talked to my husband cause I'm a little fuzzy on details and was reminded that I did not allow anyone to see me due to my poor mental condition. I thought I had to stay away from my family or they would be harmed. I didn't sign whatever forms may have been available. So what I am looking for is something that deems me incompetent to make proper decisions and allows my husband to legally override my right to privacy. Is that power of attorney?

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my understanding was that the default was people must stay away and that the forms I signed were for who could visit me and who the doctors could talk to about my health, etc. It was simply a form where I designated what next of kin and friends I would allow to see me. You may be reading far too much into this. If you are still concerned talk to an attorney.

A Power of Attorney is where you designate someone to act for you when you are not able to act for yourself.

The concern is that if I were to have another similar episode and did not sign the papers IP, my husband and family would have no information about my treatment or whereabouts. I am being told by my family that I need to put measures in place that would allow my husband to make decisions for me in the case that any delusion/psychosis is involved. He was in a very powerless situation for months and it would be unfair and unsafe for that to ever happen again.

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That's exactly the document I need then. Thanks.

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Does anyone know who has to deem you incompetent to make decisions in order to put a power of attorney document into effect? Is it a judge, a mental health professional, or the person who holds power of attorney?

Talk to a laywer. Most provide their first hour/consultation for free. Does your employer have an assistance plan with your benefits plan? You can find legal help for free through that too. Also, may large communities have a legal 'hotline' made up of volunteers that provide information. Finally, you could talk to an accountant or tax preparer

In trying to figure out as much info as I can so I know what I need and can get it done quickly. I figured someone here would have knowledge or experience. Lawyers are expensive...I'm looking into legalzoom.com. Our benefits offers one free consultation but it's with a lawyer more than an hour away. I live in a small rural community so there is not much here for help. Why would I talk to an accountant?

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Hi phoenix. My understanding is that you are looking for a "Special Power of Attorney", not a "Durable Power of Attorney". The Durable typically grants all rights to another to act in your place for a wide range of things, such as the ability to dispose of your assets, the ability to enter into a contract on your behalf, etc. Many POAs are in effect before and after a person is deemed incompetent (by a doctor) but some may be designated to only grant powers while you are deemed incompetent. I have Durable POA for my 90 yr old mother, for instance, so I can take care of her finances for her, I can sign a work order to replace her A/C if it needs replacing, etc. (FYI: we paid $250 to an attorney to prepare the POA.)

The Special grants much narrower powers that you can specify, and can be designated that it does not grant any legal rights to another unless you become incompetent.

As for granting your husband access to your medical records, that can be accomplished by the HIPPA document required of all doctors to collect. There, you state to whom the doctor may release your medical information. I put my husband and my mother on HIPPA forms.

One last note: A Power of Attorney can be revoked by you in writing. Of course, you must be competent at the time you revoke it.

Hope I've helped.

Thanks Karensue. That's a lot of good information.

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