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My husbands brother, Andy, hs bn living w/ 1 of his 3 daughters

 
 
 

Customer Question

My husband's brother, Andy, hs bn living w/ 1 of his 3 daughters for 2 years now He hs bn undergoing serveral med problems & hs had both legs amputated. He is 73 y/o. The 2 other sisters, 1 brother & my husband hv hd GREAT suspicions that ths 1 daughter hs bn "expediting" hr father's death 4 quite some time. Ths suspicions arise frm several behaviors, bt 2 name a couple:without given the authority 2 make determinations, she hung signs saying "DNR-DO NOT RESUSITATE"--THROUGHOUT the house recently! My husband made her remove thm-but now that he isnt visiting them anymore, we dont if the signs were put back up. My brotherinlaw nevr gave her authority 2 make those decisions 4 him. She also hd tricked her father into selling hs house in Florida, then SHE all of sudden could afford a large house in Atlanta. Last fall she had all his meds stopped etc etc etc. They live in Georgia.Andy died today. Can my husband and the other siblings damand an autopsy w/toxicology report. We live in Ca

Submitted: 1003 days and 16 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Georgia

Already Tried:
Being that my brother in law's death was just today, nothing has been tried yet. The family wants an autopsy to rule out foul play. We just don't know what the Georgia state laws are---can we demand an autopsy? What is the protocol?   My brother in law has always been competent, although this one daughter tried having him committed IN-competent at one time.

 
 
 
 
 
 
Posted by Dimitry Esquire 1003 days and 15 hours ago.

Expert's Answer

My sincere condolences to your family on this loss.

As close family members, the siblings can demand an autopsy is performed.

This is the statute that controls coroner actions in Georgia:

45-16-24 G
*** CODE SECTION *** 12/03/01
    
45-16-24.
    
(a) When any person dies in any county in this state:
    
    (1) As a result of violence;
    
    (2) By suicide or casualty;
    
    (3) Suddenly when in apparent good health;
    
    (4) When unattended by a physician;
    
    (5) In any suspicious or unusual manner, with particular attention
    to those persons 16 years of age and under;
    
    (6) After birth but before seven years of age if the death is
    unexpected or unexplained;
    
    (7) As a result of an execution carried out pursuant to the
    imposition of the death penalty under Article 2 of Chapter 10 of
    Title 17;
    
    (8) When an inmate of a state hospital or a state, county, or city
    penal institution; or
    
    (9) After having been admitted to a hospital in an unconscious
    state and without regaining consciousness within 24 hours of
    admission,
    
it shall be the duty of any law enforcement officer or other person
having knowledge of such death to notify immediately the coroner or
county medical examiner of the county wherein the body is found or
death occurs. For the purposes of this Code section, no person shall
be deemed to have died unattended when the death occurred while the
person was a patient of a hospice licensed under Article 9 of
Chapter 7 of Title 31.
    
(b) A coroner or county medical examiner who is notified of a death
pursuant to subsection (a) of this Code section shall order a
medical examiner's inquiry of that death.
    
(c) Whenever an affidavit is made and filed with a court having
criminal jurisdiction attesting that a person came to his death by
foul play, that court may interrogate and examine witnesses, if any
exist, as to the necessity of a medical examiner's inquiry. Should
the court decide that a medical examiner's inquiry is essential to
the ends of justice, such inquiry shall be ordered by that court.
    
(d) A medical examiner's inquiry required under this Code section
shall be reduced to writing and filed as provided in Code Section
45-16-32. At the time of such filing, a copy of the medical
examiner's inquiry into a death reported to a coroner or county
medical examiner pursuant to paragraph (6) of subsection (a) of this
Code section shall also be transmitted to the department of family
and children services of the county in which the child resided at
the time of death.


----/----
I suggest the siblings contact the county in which your brother-in-law passed away, and state that as per section 5 of the above mentioned code, you believe the passing to have been suspicious, and ask to have an autopsy performed.

Sincerely,

Dimitry Alexander Kaplun, Esq.

 
 
 
 
 
 
1003 days and 15 hours ago.

Customer Reply

I'm just replying to thank you very much for your help. And thank you for being there.

       Janet Balint

 
 
 
 
 
 

Accepted Answer

Janet,

You are most welcome. I hope you found my information useful, and I hope for your family's sake that your brother passed away from natural causes.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Expert: Dimitry Esquire
Pos. Feedback: 99.3 %
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Answered: 8/24/2009

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