Medical Decision Rights Explained

Summary

In New York, adults have the right to make their own medical decisions if they are mentally capable. A health care proxy can only make decisions if the person is incapacitated. A Power of Attorney (POA) allows for financial and legal decisions but does not extend to health-related decisions unless specified. If there is a dispute about mental capacity, it can be challenged in court. Consult a local attorney for personalized advice.

Full Conversation

I have epilepsy and my mom is my poa and health care proxy. My dr suggested a rns brqin
Hello ****, I understand your situation. Can you please specify what legal issue or question you have regarding your epilepsy, POA, health care proxy, or RNS? Also, your location would help in providing accurate legal information.
Brqin sugery can my mm force .e to hqve it done
Hello ****,
- Generally, if you're an adult and mentally capable, you have the right to consent to or refuse medical treatment.
- Your mom, as your health care proxy, can only make decisions if you're unable to.
Could you please confirm your location to give you more specific information?
So she cant forece me ro have ot in
Hello ****,
- In most jurisdictions, your mom cannot force you to undergo surgery unless you're incapacitated.
- You have the right to make healthcare decisions as long as you're mentally capable.
Could you please provide your location for more specific information?
New york
Hello ****,
In New York:
- You have the right to make your own medical decisions as long as you're mentally capable.
- As your health care proxy, your mother can only make decisions if you're incapacitated.
- She cannot force you to undergo surgery.
What about the poa?
Hello ****,
In New York:
- The Power of Attorney (POA) allows your mother to make financial and legal decisions on your behalf.
- It doesn't give her the right to make health-related decisions unless specified in the POA document.
- It doesn't allow her to force you to undergo surgery.
Shes trying to pull the i have poa and health care proxy
Hello ****,
- In New York, your mother having both POA and health care proxy still doesn't give her the right to force you into surgery.
- Your consent is required unless you're mentally incapacitated.
- Consider discussing this with a local attorney for further advice.
She said if i cant make a racianal decision shes making it for me
Hello ****,
- In New York, your mother can only make medical decisions if you're unable to make "reasoned" decisions.
- If you disagree with her assessment, you can challenge it in court.
- Consult with a local attorney for personalized advice.
Thank you for your help!
You're welcome, ****! If you have any more questions in the future, don't hesitate to reach out. Best of luck with your situation.