Must a Hospital Inform the Agent Under a Medical POA of a Change in the Patient’s Condition?

Source: Elder Law Answers

A hospital did a competency test on a patient and found that she was incompetent, but no one told the patient’s daughter who was her agent under a medical power of attorney. If the hospital had given the information to the agent at that time, she could have applied for guardianship. Instead, the doctors told the agent’s mom and her mom’s boyfriend. The boyfriend then got an attorney and had the power of attorney changed to name him as agent and had the mother sign over a life estate to him. Isn’t it medical malpractice to not disclose the information about the competency test to the person who is in charge of the tested person’s care?

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