QUESTION
How do I make medical decisions for my dad if he is unable to make them himself and has no living will or advanced directive?
Asked on Nov 12th, 2012 on Estate Planning - Michigan
More details to this question:
My dad has brain tumors that affect his ability to communicate and understand things going on around him. His primary care physician has suggested him to be brought home and placed on hospice care.
18 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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The proper answer is that you can petition the probate court to be appointed guardian for your father - and after following the procedures for doing so and having a hearing, if there are no objections and your father is deemed to be either physically or mentally unable to care for himself, you will be empowered to make medical decisions for him. That said, if the doctor/hospital is willing to allow him to be moved to his home and placed in hospice, and if the hospice company is willing to work with you on it, you may not have to go through the court process.
Answered on Nov 19th, 2012 at 8:20 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, if an individual lacks capacity to execute a durable po wer of attorney for health care, he may nonetheless have capacity to execute an advance health care directive. If he lacks even that capacity , and doctors are ignoring your instructions, the only remaining option is to establish a conservatorship. That is a very expensive and difficult process, and there is no guarant y the court will agree to ordering it or, if it does, the court may appoint someone other than you.
Answered on Nov 19th, 2012 at 8:20 AM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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He still might have the ability to make his own choices. If not, the next step is likely a conservatorship, or a petition to the probate court.
Answered on Nov 15th, 2012 at 5:09 AM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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It may not be an issue if the doctors will follow your instructions. Otherwise, you might have to go to court to ask to be appointed guardian or conservator of your father.
Answered on Nov 15th, 2012 at 4:30 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer that specializes in conservatorships to get you appointed as his conservator to make healthcare/medical decisions and for the consent to medical drugs; the conservatorship can be of the person only, or estate only, or of the person and estate. The paperwork is intensive and exacting; so move quickly and take care of this matter.
Answered on Nov 15th, 2012 at 4:02 AM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Apply for a Guardianship through your county Probate Court.
Answered on Nov 15th, 2012 at 3:42 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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See ORS 127.635(2). Get a lawyer and be prepared to fight about this.
Answered on Nov 15th, 2012 at 3:24 AM
Thomas Edward Gates
You need to petition the court to be named his guardian.
Answered on Nov 14th, 2012 at 11:21 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If your father does not have capacity to sign a Power of Attorney, then your only option is to get guardianship/conservatorship for him. These are probate proceedings.
Answered on Nov 14th, 2012 at 11:21 AM
You will have to go to court to request a conservatorship. Please seek legal advice from an attorney. .
Answered on Nov 14th, 2012 at 11:14 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You can file for guardianship in the probate court. If you have any questions, please contact me.
Answered on Nov 14th, 2012 at 11:14 AM
Health care providers often turn to immediate family members to make decisions that a patient can no longer make for himself. If there is no spouse, the responsibility falls on the person's children or next of kin. However, there is often conflict between the family members when it comes to major decisions so it is important for each person to have a living will and power of attorney for health care that explicitly sets out what actions should be taken.
Answered on Nov 14th, 2012 at 10:47 AM
3 Awards
Under most states laws, like Nevada, you will need to be court appointed to serve as his legal guardian.
Answered on Nov 14th, 2012 at 10:47 AM
William H. Von Willer
You need to ask the Courts to be appointed his guardian.
Answered on Nov 14th, 2012 at 10:46 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It may be necessary to petition the court to appoint you as conservator of the person.
Answered on Nov 14th, 2012 at 10:44 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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You might be able to make a decision under the Maryland surrogate decision making statute. If your father is married, his wife would have priority over you. An adult child is next in line after a spouse.
Answered on Nov 14th, 2012 at 10:44 AM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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You may need to file a petition to be appointed your father's guardian in probate court.
Answered on Nov 14th, 2012 at 10:42 AM
Shadi Ala'i AlaiShaffer
He needs an Estate Plan ASAP - a Trust, Will, Power of Attorney for Finances and Health otherwise you will have to do a conservatorship for him in order to act on his behalf and make decisions. You need to talk to a Trust Attorney immediately. Best of luck to you and your father.
Answered on Nov 14th, 2012 at 10:42 AM