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Local Hospital Sued for Not Recognizing a Valid Power of Attorney

Greetings!
 
Jackson Memorial Hospital in Miami is being sued for failing to allow a same-sex partner access to her ill partner's room, ignoring a valid power of attorney and citing privacy issues for their decision.

As an elder law attorney this is very disturbing since it was clear that the reason was based not on the law but solely on the couples same-sex status. The social worker told the partner that this was "an anti-gay city and state".
 
The hospital's reaction is very disturbing from a legal point of view. A durable power of attorney is the document we rely on knowing that, without the document, non-family members will not have the same access as family members. The hospital asserts that it's actions were to protect the hospital's privacy responsibilities to the patient. However, ignoring the specific wishes of the ill partner silences all of us when we cannot speak for ourselves.
 
I wish the only moral of the story was to make sure that you have a well drafted, tailor made power of attorney if you are in any kind of "non traditional" relationship but the facts indicate that at least, in this case, it would not have mattered. 

I do believe though that in general it matters a great deal
because specific language authorizing someone to act for another and waiving privacy rights is crucial in having a power of attorney accepted by the recipient, especially in medical settings.
This case raises questions about how hospitals deal with same-sex or unmarried partners of patients, which has led to controversy in the past. If there is good news to come out of this, it's that this lawsuit may give direction in an area in which it is greatly needed.
 
 
Sincerely,
 
Alice Reiter Feld
Law Offices of Alice Reiter Feld 
 
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