Saturday, January 23, 2010

Legal Questioin: My mother is not married. Does the eldest child make her medical decisions or does her brot?

My mother is in the hospital and we need to know if Tennessee Law allows her eldest child to make decisioins or does my mother's brother make those if my mother is not married?Legal Questioin: My mother is not married. Does the eldest child make her medical decisions or does her brot?
Hopefully your Mom took care of assigning someone that task. Can you ask her or is she unable to communitcate?Legal Questioin: My mother is not married. Does the eldest child make her medical decisions or does her brot?
The legal next of kin would be her children. If she had no children, then her mother (if living) and then her siblings would make decisions if she was unable to. Ideally, if she had health conditions which might render it necessary for someone to make medical decisions for her, she would appoint someone as her power of attorney.
If the eldest child is over 18, I would say it would be them. Speak to Social Services at the hospital they can help, and if your mom is of sound mind she can sign durable power of attorney at the hospital and put whomever she wants in charge.
If you need to know Tennessee Law then I suggest you contact the state of Tennessee or a lawyer in that state.
the hospital where she is at should be able to tell you that

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