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View Diary: Elderly gay couple kept apart at the end of one's life (172 comments)

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  •  Criminal? (0+ / 0-)

    It seems to me that if a hospital and/or its employees ignores the wishes of someone acting as health care surrogate to an incapacitated person, the hospital/workers could be held criminally liable, in addition to civil penalties. In other words, if my brother gives me HCPoA and he becomes incapacitated, if I tell the hospital not to hook him up to an IV and a nurse does it anyway, that's a criminal act. It would legally be the same as a doctor giving non-emergency treatment to my minor child over mine and my husband's objections.  I'm in Florida and have worked with these types of legal documents before. I understood that a PoA gave the surrogate's wishes the same weight as the covered person, hence my analogy to a parent.  

    I think we all agree that this man and his partner were treated horribly, but I wonder if the partner had called the police to the scene, that might have helped. If any lawyers could weigh in, that may help someone else deal with a similar situation.  

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