Originally Posted by
JohnDThompson
In that case, assuming you're still alive but unable to respond, the hospital has to pursue guardianship through the courts, a process that can take several days. The court-appointed guardian then makes medical decisions on your behalf.
Meanwhile the hospital will assume you consent to any and all treatment at least in Kansas that is the law. SO a Durable Power of Attorney is a wise thing to have; here in Kansas it is assumed that the spouse has the authority to act on your behalf in most areas; I have heard of a few where the spouse has to get the court to appoint them guardian for the purpose of health care.