Posted on October 16, 2010.
Can the battery be committed against a medical power of attorney for health carea If a hospital fails to comply with an advance directive and does not consult the health care proxy for incapacitated persons and addresses the wishes of the incapacitated person without the consent of the attorney and health of the incapacitated person dies, is about the medical battery against the officers of health, because they said the hospital not to do certain things that have caused deatha there is no estate or probate
No, there is no battery against the proxy in this case because the attorney has not been beaten.
If a proxy (or person with power of attorney) can make decisions for another where advanced directive or living will is present, they do not stand in place of that person for personal crimes (drums) .
However, if your hypothesis is an accurate representation of facts, there may be an action for battery and malpractice in the name of the deceased.
Sure, you say there is no estate, then maybe it's a moot point.