Durable power of attorney for healthcare is not equivalent to advance directive

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1707847 , Decision Date: 2016-12-13 
Attachment: Click here to download the decision. 

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for healthcare appointing his son, and the applicable rules did not require staff members to administer CPR if the resident had an advance directive.  However, the Court found that the durable power of attorney was not equivalent to an advance directive because it did not include a statement that the resident did not want to be resuscitated if found unconscious.  Accordingly, the staff members were required to perform CPR, and their failure to do so subjected the PCH to a fine.