Sinfest

fritterdonut · Posted: Wed Feb 27, 2013 11:22 pm Post subject:

Well fuck.

I don't even have an excuse for that one.

Quite obviously I need to give someone PoA before I become any more idle-minded.
_________________
Ask not what you can do for your country, ask what your country did to you

mouse · Joined: 10 Jul 2006 Posts: 15471 Location: under the bed

Sam · Joined: 09 Jul 2006 Posts: 8840

Dogen · Joined: 10 Jul 2006 Posts: 9323 Location: Bellingham, WA

If you, a person in possession of their faculties, were to become incapacitated then your family would have no default legal right to make decisions on your treatment in the absence of a POA. Even your spouse. A physician will often listen to their wishes, but is not required to. If a decision is necessary and no POA exists, a petition can be made to appoint one until you regain your faculties. But absent such a petition your care is essentially in the hands of your doctor and however much they want to listen to your family.

In practice, a spouse is treated as a POA for most things, but there's no statutory support for this, it's just how it's done.

The nature of the incapacitation matters only in regard to whether the court will appoint someone a temporary POA (such as after an accident, or until a child comes of age) or assign them permanently. Even if you're assigned a permanent POA by a court, though, if you regain your faculties you can withdraw them.
_________________
"Worse comes to worst, my people come first, but my tribe lives on every country on earth. I’ll do anything to protect them from hurt, the human race is what I serve." - Baba Brinkman

fritterdonut · Posted: Thu Feb 28, 2013 4:30 am Post subject:

Vox Raucus · Posted: Thu Feb 28, 2013 4:34 pm Post subject:

Vox Raucus · Posted: Thu Feb 28, 2013 4:36 pm Post subject:

fritterdonut · Posted: Thu Feb 28, 2013 10:33 pm Post subject:

Thank you for the clarification, Vox.

Upon looking into it further it appears that living wills aren't legally viable anywhere in Canada.
_________________
Ask not what you can do for your country, ask what your country did to you

Dogen · Joined: 10 Jul 2006 Posts: 9323 Location: Bellingham, WA

They're not legally binding in the US, either, but that doesn't make them a bad idea. The general recommendation is to have a living will and to assign someone power of attorney for medical decisions that only kicks in if you're mentally incapacitated. The living will takes a lot of pressure off them to figure out what you want, and the POA means no one has to go through a petition process to get assigned once you've gone off the deep end.
_________________
"Worse comes to worst, my people come first, but my tribe lives on every country on earth. I’ll do anything to protect them from hurt, the human race is what I serve." - Baba Brinkman

fritterdonut · Posted: Sat Mar 02, 2013 6:18 am Post subject:

stripeypants · Joined: 24 Feb 2013 Posts: 1085 Location: Manly Mansville

If a man wants children and the women he knows aren't interested in pregnancy, he has the opportunity to adopt. If it must be his biological child, then he can get a surrogate. That might complicate or destroy the relationship, and it might be a huge financial/legal hassle for him - but that is what pregnancy can be for women. What is more, he doesn't have to suffer from adverse health effects in the process.

I think a healthy relationship will allow for discussion of alternatives to abortion, but allowing the father to have say so over the child's birth adds to the very real problem of abusive men forcing women to stay with them by making them pregnant.[/i]