How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalGems Your Own Question

LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3580
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

my wife hada bad! stroke for a easter present :( she

Resolved Question:

my wife hada bad! stroke for a easter present :(
she survived bless her. has very limited mobility, if any and has hardly any speech. Prior to this, my wife wrote a living will......
and named her friend 1st before myself ( her husband). My wife is Not on Life support nor! is she on any intraveinous meds etc.
Her Friend??? who she hasn't seen for over 7 years, Tells me! The husband, (no 2 on this Living Will ) She has the power! to ? prevent further treatment of my wife!. thereby allowing My wife to Die!
Can she do this! ?? All they are short of doing! is sending someone down to my wife;s Care home! n shoving a Pillow! over her head!
Where do "I" stand! with this living Will, which is being complied with!. tnks
A angry!/sad husband!......
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

LegalGems :

Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. I am sorry to hear of your wife's condition. The living will does vest the person named in it with the authority to make medical decisions. However, was this executed (signed) before your marriage?

LegalGems :

Also, the living will states what type of care the individual wants, and the named person must comply with it. Here's a sample: http://www.alaha.org/uploadedFiles/Resources/advdirective.pdf

LegalGems :

She can also modify/revoke it: What if I change my mind?
As long as you can speak for yourself, you can change your mind any time about what you have written down. If you make changes, tear up your old papers and give copies of any new forms or changes to everyone who needs to know. http://www.alaha.org/resources.aspx?id=33#k As long as she can convey her intent to revoke it, she can revoke it.

Customer:

Hi NO my wife completed her Living will after! we were married, as I was overseas! working a lot of the time.

Customer:

The Requets in The Living Will are being Fully complied with..........

Customer:

My wife is NOT on Life support, tho she does need 24/7 care home Care. i checked with the home yesterday. an say she is doing resonably well, bearing in mind her condition..... I am her husband! legally married, How can a ex-friend, who she hasn't seen for over 7 years! take precedent over her lawfull wedded husband! For better! or Worse! etc...... are the vows my wife an i exchanged!. The e-mails to me! saying her friend wnats to pull the Plug! on MY wife! r extremly upsetting! to say the least!.

Customer:

her friemd! ??? has threatened me! with coming down here! to see MY wife, n chack on her condition! as she doesn't appear to belive me..... an She Will make! a Decision! then ! ???????

LegalGems :

Unfortunately, a person can designate a non-spouse in their living will. However, if the individual is stating in emails that she will pull the plug, you can seek a protective order and get a judge to invalidate the Living Will. If someone is making threatening comments I doubt a judge would allow them to remain as the person authorized to make such decisions.

Customer:

n.b. Both! our names are on the Living Will, only the two names. but her friend is named first! with me 2nd!.......

LegalGems :

You as successor if something happens to friend?

Customer:

no! ? let me check brb

LegalGems :

I think you mean that you are the second proxy, so you would take over if something happened to friend. However, you can get a judge to revoke it based on threats.

LegalGems :

Then you would be first proxy.

Customer:

yes! sadly! it states if her friend. the first choice, is not available, Then its me! .....

Customer:

butt, my wife's condition complies! with her requests! in the Living will..............

LegalGems :

Probably because of the traveling issue. But again, if this "friend" is making threatening remarks, you can ask a court to excuse her as proxy.

Customer:

She is NOT on Life Support! as they/she keep sugeesting.....................

Customer:

tho she cannnot move or talk much............

LegalGems :

Who is suggesting she is on life support?

Customer:

and this Friend, hasn;t seen her for 7 years!!............??? JHer friend (no1 on the liv will) and my wife's EX family!

Customer:

who told her when she Divorced some 15 +yurs ago! She is No Longer part of this family......

Customer:

WE got married on June 18th 2001, SO! i feel she is Part! of MY family now!..... shrug not thiers!......

LegalGems :

But if your wife, being of sound mind, named her as proxy, that would be controlling. But again, your wife can revoke it by indicating that she doesn't want friend as proxy #1; or you can get a judge to invalidate her as proxy.

Customer:

if sadely! my wife's condition worsens! :( we/I will compl with this Liv Will, but! she is not their yet. Sadely my wife cannot speak.......... :( now, very well at all............

LegalGems :

Can she "X" it out?

Customer:

an hasn't done! since she had her stroke...............

Customer:

Possibly, is there a special form req for this........ ? or jus get my wife to hold the pen and help her X it out ? ;)

LegalGems :

She would need to do it on her own. Or make some kind of indication that she wants it revoked.

Customer:

gotcha.......... sadly..... she may not be able to do this.......

Customer:

So a No1 on a Livin will form............ takes Precednce Over! the Husband! ???

LegalGems :

Maybe with some rehab - the good thing is that she must comply with the terms of the living will. But yes, since your wife was of sound mind, she can designate whoever she chose to serve in that capacity.

Customer:

or i'd have to apply to a judge! to change it.............. Wow!............

LegalGems :

Yes, that is correct. Unfortunately.

Customer:

for Better! or Worse, are the Wedding Vowels we took........... "I" am Legally responsible! for her Medical Bills.................. yet! "I" am unable! to make this Life or Death decision............ given to a EX friend..... she hasn't seen! for over seven bleedin years!................ Sigh :)

Customer:

Thanks for the advice :)

Customer:

but! as you say............

Customer:

WE/I am compling with my wife's Living Will, at present......

Customer:

her friend is being told she's on Life support....... Which she is not! an any Hosp. Doc. would only use for a week or two! anyway............

Customer:

thansk again :)

LegalGems :

You are welcome. I know it is frustrating. I would send an email to whoever is giving the misinformation - because that is also a concern.

Customer:

yes! thanks I already did that a few days ago...........

LegalGems :

OK perfect.

Customer:

and the reply was, she is going to come here an Check! to see how my wife is!... Re the Living Will, and her Responsability! huh! what about Mine! :)

Customer:

ah well..... thanks ;)

Customer:

over n out! for now! :)

Customer:

i didn't like her inferance, that "I" was Lying........... about MY Wife's condition....

Customer:

an SHE would come down here to check!!!.......... huh! :)

LegalGems :

Oh. That would be very hard to deal with someone that insensitive. Let's hope your wife recovers, and is able to revoke this.

LegalGems, Lawyer
Satisfied Customers: 3580
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 14 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas