"March 31 -- relatives in Alabama who have decisionmaking authority according to Georgia law talked to hospice attorney--Mae's sister ordered IV fluids and feeding tube. Hospice attorney started IV fluids that evening but said family would have to come in person to sign order for feeding tube."
If the granddaughter had fiduciary power of attorney, then she had the legal right under Georgia statutes to make decisions for the grandmother. Courts normaly would not split medical and finacial care because they are so entertwined. The Granddaughter is also a legal next of kin, she had to have some sort of durable power of attorney in order to have a claim on the emergency guardianship.Georgia code 29-5-6 and 29-5-5.
I'm just guessing on this, but it fits the orginal fact patteren: there probably had been an earlier court hearing since the granddaughter had finacial power of attorney where she was named the legal next of kin. According to Georgia law the granddaughter and the brother have the same level of consanguinity for a kinship claim. IF there was an earlier court hearing where the granddaughter was given the power of attorney AND the living will was not a proper one (if it hasn't been properly noterized or filled out or it was one of those downloaded fill in the blank ones, not legally binding) the granddaughter is the next-of-kin especially since the granddaughter is a direct decendant.
She must have been since she obtained emergency guardianship.
That's interesting information. It's not encouraging, but it's still helpful to know. Thanks.
Thank you for your input. All of it would make more sense if the law is a little different than what has been reported so far.
even over a sister?