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Power of Attorney for a prison inmate that has been diagnosed with cancer and not properly medically treated by the prison doc.
Anonymous2 views1 answers
does a p of a have to go through the court system to make it legally binding.
If a prison inmate has a medical issue that was not properly treated at the beginning from the prison doctors and now has turned into a life threaning problem (cancer) can the person with p of a demad medical reports from prison doctors and any doctors outside of the prison.
Because the cancer was improperly treated by the prison doctors, this inmate now has a 25% chance of living for more than 5 years. However now of the doctors inside the prison or outside of the prison will release any type of medical files or even talk to the person with the p of a. Not sure what can be done, someone is at fault because if the cancer was treated immdeately when the inmate first reported the signs, things could be diff
A Power of Attorney does not need to go through the courts before it can be legally binding. That is part of the point in having a POA in the first place. The point of the form is to allow someone else to step into the legal shoes of the person, when they are legally unable to handle their affairs for themselves. You would not have additional rights and authority not possessed by the inmate, however.
I am not certain what rights inmates have to appeal medical treatment decisions made by a prison. You would need to follow those appeal procedures, if the inmate is unable to do so. This would include the potential right to file a medical malpractice claim or wrongful death claim, in the event the inmate does not pull through.
You should consult with an attorney to determine what rights the inmate has. This should be done as soon as possible, because it is probably that the statute of limitations on making such claims has already started to run.
Best of luck to you!
James Frederick
