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  • 1.  Health care power of attorney agents

    Posted Jul 21, 2025 17:27

    Hi, 

    I have an ethical question. I am a hospice social worker. I have a former patient who graduated from hospice and has moved on to a new assisted living where I will no longer be involved in her care. She has a very long and sad story but the gist of it is that she has no family and no friends. She has asked me to act as her HCPOA because she has no one else to appoint and she trusts me. Is it a violation of our Code of Ethics to act as the former patient's HCPOA? Thank you!



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    Leah Elston
    +1 (262) 470-1337
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  • 2.  RE: Health care power of attorney agents

    Posted Jul 21, 2025 21:49
    This may be sloppy as I'm 2 day post a total total hip replacement surgery. Sitting  in a recliner tapping on a cell phone.
    For when I have such questions, I keep a copy of the CoE accessable. And I use it frequently . Even after 35 years of practice and teaching experience. (Including Ethics to Medical Students, MSWs and BSWs.)
    I encourage all to do so.

    Now, to your question (and my logic)
    2 of the primary issues identified in the codes preamble, as key to our work are:
    • dignity and worth of the person
    • importance of human relationship
    What has been asked of you seems is to apply these two items. What do these mean to you? I sense this could be a valuable role.

    Next: reflect on the ethical principles. 1st is service  (this would be service) 2nd is social justice  (would a stranger better serve the clients interest than you? Would that be "just?" How would the client feel about that? It might be worth asking her.
    Next is: dignity and worth of the individual.  How does THAT APPLY HERE?
    Then there is. THE IMPORTANCE OF HUMAN RELATIONSHIPS.   HELLOooooo? You worked with her in hospice but she didn't die fast enough to remain eligible. (Yes an oxymoron) But near the end of her life she's reached out to someone she apparently. TRUSTS and  VALUES.

    Followd by integrity & competence... check check 

    Next:  Social workers ethical responsibility to clients
    Read and THINK about each of these. But in particular 1.6 Conflicts of Interest.

    The COE doesn't tell us what to do. It guides us.

    I don't know that there's anything in the code that would absolutely say "No."
    It offers details  about how you might plan or process your actions. 
    How do YOU feel about this? I can imagine it as a great honor. Or an extreme burden.

    I worked in health care for most of 30 years. I also had similar requests. But I did NOT accept such roles with patients  who were associated in any way with the  large hospital based medical clinic where I was employed
    I would however advocate for such requests, helping people connect with others I knew of who would be responsive, listening, patient, clear, compassionate and largely unburdened by the task.

    (Such requests might come from the local adult protective services, meeting with their clients and occasionally becoming DPoA.  More often, in matters of incompetency and no known family,  becoming the initial court ordered Guardian for placement.  Having good connections at APS,  often served the  (marginalized, vulnerable, impoverished) people I worked with,  by accessing otherwise limited state resourrses.  "The value of human relationships...")

    One big caution you might consider  is what if you take on this role and then she returns to hospice care?  THAT may be your single biggest hurdle.
    Rambling now. (Bored senseless by immobility.)
    The request is a wonderful honor. You've multiple courses before you. Good luck.



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