Marshall, MI Estate Planning Law Firms & Lawyers

I doubt there is any liability on anyone's part. The deceased apparently wished not to be resuscitated because he or she signed DNR and DPOA forms, even if they weren't properly witnessed. The hospital needed someone to confirm the DNR, relied on the information the nursing home had been given by the family, and contacted the person everyone believed had the authority to respond. That person confirmed the deceased's wishes. The hospital didn't have time to contact everyone who might have an opinion on the matter because it was an emergency situation. Even if the documents were invalid, the hospital contacted an immediate family member and asked for directions. Once given directions, the hospital complied. The only way there might be some liability would be if the DNR and DPOA were forged by someone who knew that the deceased had other wishes.

A Power of Attorney would end upon your mother's death. The home could be sold upon her death but it depends how it is held. If it is just in her name, a probate estate will need to be opened first.

If you do not have a POA, then NO ONE has legal authority to make decisions for you, if you become incapacitated. There are some doctors and hospitals that might agree to allow family members to direct things, but if there is more than one child and they are not unanimous in how they want to proceed, then you are out of luck. In most cases, without a POA, you would need to have probate proceedings for guardianship and conservatorship. This costs about $1,500-2,000, and can take about 2 months to get in place. There are then ongoing responsibilities to the court. It is FAR better to have a POA, so YOU get to choose who will act, and so you can avoid probate, completely. It is not expensive to set this up.