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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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My Father is in a nursing home. My brother who is his health

Customer Question

My Father is in a nursing home. My brother who is his health care proxy has stopped his enteral feedings. I just found out yesterday that my brother's health care proxy has not be activated at the facility. Is it illegal that my brother stopped the feeds? With Many Thanks to You, Lucy
Submitted: 3 months ago.
Category: Estate Law
Expert:  Attorney2020 replied 3 months ago.

No, your brother does not have the authority to act as the health care proxy without authority. The health care decisions are based upon the doctors and the nursing should not follow the instructions of your brother. You should send the nursing home your issues in writing so that your father can receive the proper care.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 3 months ago.
Is there a stipulation in the law of NYS indicating 2 physicians must declare the patient incompetent before a health care proxy can be activated?
Customer: replied 3 months ago.
The treating physician at the hospital where Dad was admitted before being transferred to the nursing home did verbally say Dad was incapacitated. He also wrote progress notes indicating that. The feeds were stopped in the hospital. I am unsure if LEGALLY the health care proxy was activated. Even if it was at the hospital, it has not been in nursing home. My brother requested a letter from the treating MD and plans to get a 2nd MD to write one today. Once there are two letters will the HCP be LEGALLY activated?
Expert:  Attorney2020 replied 3 months ago.

If the HCP was not activated before your father was deemed incapacitated, your brother lacks authority. It it were activated before incapacity, the HCP can be used at the hospital and nursing home unless he terms of the HCP state otherwise.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 3 months ago.
Is there a stipulation in the law of NYS indicating 2 physicians must declare the patient incompetent before a health care proxy can be activated?
Expert:  Attorney2020 replied 3 months ago.

No, there is no law that I am aware to that requires 2 separate physicians to declare patient incompetent before health care proxy becomes active. The triggering event is where a person is unable to make their own health care decisions which is fairly ambiguous but the terms of the HCP govern when the HCP becomes active.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.