You Have Been Called to a Home for an Alert

question 46

Multiple Choice

You have been called to a home for an alert and oriented female with terminal lung cancer. At the home, the daughter, who is her mother's durable power of attorney, states that she wants her mother transported to the hospital. The patient, who is alert and oriented, does not want to go. Which of the following statements indicates that the EMT is acting both appropriately and legally in this conflict?

• A) "Since your daughter is the durable power of attorney, she has the legal right to make all decisions; therefore, we have to take you to the hospital."
• B) "As your durable power of attorney, your daughter has the legally vested right to make your decisions; however, let us ask your husband what he thinks."
• C) "I know that you are the durable power of attorney, but your mother is alert and oriented so we cannot legally take her against her will."
• D) "Since it appears there is a conflict of opinion here, I will need to call the police so that they can determine what to do."

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Definitions:

Express

Directly stated or explicitly declared, often used in legal and contractual contexts to describe terms or intentions that are clearly communicated.

Contract

A legally binding agreement between two or more parties, outlining obligations and rights.

Substantial Performance

A legal principle indicating that a party has fulfilled enough of its contractual obligations to warrant payment, even if minor details were not completed as specified.

Conditional Contract

An agreement where the obligations or terms are only to be fulfilled if certain conditions are met.