Can a hospital appoint power of attorney without consent from the patient?

Full question:

I'm the representative payee for my best friend. On 8/21/09 she was in a bad car wreck and as of today she is in ICU. She has no family, husband, kids nobody but me. Now all of a sudden the Caseworker at the hospital appointed power of attorney to these 2 ladies where she used to stay at a half way house over a year ago. My friend doesn't get along with these ladies anymore. As a matter of fact my friend has all of the papers ready to be filed on these 2 ladies for a court case (re: a loan they never paid back). Now I go to the hospital today and now make a code up since I don't know the code they won't let me see her anymore. The 2 ladies won't even return my phone calls. I don't even know these ladies - never met them before.

• Category: Power of Attorney
• Date: 04/07/2025
• State: Arizona

Answer:

A power of attorney (POA) allows one person to act on behalf of another, known as the principal. A valid POA must be signed by the principal. A hospital administrator cannot appoint a POA for someone else. Therefore, you should obtain a copy of the document the administrator is using to justify the appointment.

A valid POA typically designates only one person to act for the principal. If you believe the POA is invalid due to improper signing or duress, you can petition the local superior court. You may also seek temporary guardianship if your friend is unable to make decisions for herself.

In Arizona, a guardian can be appointed for someone with mental or physical disabilities, or other issues preventing them from making responsible decisions. The court must find that the person cannot provide for their basic needs without assistance. A guardian makes decisions about medical care and living arrangements, similar to a parent for a child. However, a guardian cannot involuntarily admit someone to a mental health facility without a court proceeding.

A conservator, on the other hand, manages financial affairs and does not control medical or living arrangements. A conservator must account for their actions to the court and may need to post a bond. Petitions for guardianship or conservatorship must be filed with the court, and the proposed ward is entitled to legal representation and a public hearing.

The guiding principle for a guardian's actions is the best interests of the ward, and any limitations on their powers will be specified in their Letters of Appointment.