QUESTION
Can I prevent the hospital from treating my grandfather?
Asked on Jun 17th, 2011 on Family Law - Ohio
More details to this question:
My grandfather (he adopted me so legally I am his son) recently went into the hospital. After 4-5 days he is acting crazy. By crazy I mean severe dementia. I stayed with him the whole week prior to him going to the hospital and saw him every week or so for a while before that. I am almost sure they are giving him anti-psychotics for his dementia. His bed has a beeper that if he gets up off the bed it goes off. What can I do about this? It is tearing me up inside. My aunt and uncle (legally my siblings) just say he is forgetful. Also, they might have authorized the doctors to give him the drugs. They dont think anything of it. I know they are going to try and put him in a nursing home. I promised my grandma (legal mom) my grandpa and my biological father I would take care of him until the end. What can I do what are my options? This is very important to get back to me as soon as you can please. Tomorrow morning I am going to ask them all the medication he is on. I know my aunt and uncle and going to try and act like I have no say in the matter. I do right? Just as much as them correct? Thank you very much.
1 ANSWER
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James F. Lentz Attorney & Counselor at Law
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Unless you hold your Father's (as he adopted you) durable power of attorney and medical power of attorney, you are in for an uphill and expensive battle. You will need to seek a guardianship over your father through the probate court. This is rarely done successfully without the help of an attorney. A guardianship would give you the power to stand in your father's shoes and make decisions for him. Often, though, hospitals require new patients to complete medical powers of attorney, as well as living wills. Check with the hospital to see if your father executed one or both of those documents in your favor. An elder law attorney can give you badly needed direction in this case. Please see one soon.
Answered on Jun 20th, 2011 at 11:55 AM