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Ray
Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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I live in the state of California. My father in-law resides

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I live in the state of California. My father in-law resides with my wife and I. My wife is the executor her father's will. My father in-law is 82 years old and he is having medical issues one of which he is in pain in his legs and is not able to move and support himself on his walker. Both my wife and I are wanting him to seek medical care but he refuses to do so yet both my wife and I cannot support him (physically) to move him to the bathroom and assist him. Can we force him to seek medical attention?

RayAnswers :

Thanks for your question and good evening.My sympathy here for your situation.

RayAnswers :

All you can do here if he has a physician is to contact the physician about his condition.He may be at the point he needs to be in assisted living or even a nursing home.

RayAnswers :

The doctor here can evaluate him and give you some recommendations.Since you can no longer physically care for him he may need a higher level of care than you can provide.

Customer:

No I understand but he is refusing to see a doctor or get medical care. What can I do?

RayAnswers :

Then you may have to call the ambulance here--911 and have them transport him to hospital.Since he will not cooperate this is the only alternative.

RayAnswers :

He may have sufffered stroke here or other conditions that have affected his mental and physical status.

RayAnswers :

This would at least get him examined and the doctors can assist you with finding him assisted living or nursing home alternatives.

RayAnswers :

And they can check him out medically as well .

RayAnswers :

He may well be eligible for medicaid as well.

RayAnswers :

This is called MediCal in California.

Customer:

I am certain he will refuse to go to an alternative setting

RayAnswers :

It would pay for his care such as assisted living or nursing home.

RayAnswers :

It is really all you can do here.If necessary they would transport him to one of these places.They will work with all of you here to make this possible.

Customer:

My concern is that when the ambulance arrives he can deny needing medical attention. Is this possible he is somewhat coherent at times.

RayAnswers :

I think it is critical that he be checked out by medical folks, I think they may decide he isn't alright if he cannot stand.

RayAnswers :

You have to start with this and see what they find and go from there.

RayAnswers :

This is not uncommon that it gets to such a situation.

Customer:

I see so the ambulance or paramedics can take him in without his consent?

RayAnswers :

I have had to do this with family members too.

RayAnswers :

They would take him in here for mental and physical examination.

RayAnswers :

You can call 911 and have them dispatch the medical ambulance.

Customer:

I see so they would make an assessment and take him in

RayAnswers :

YEs and it may be that he goes for observation or short stay and they have social worker which works with you on a long term placement.

RayAnswers :

And if necessary here you can seek a guardianship for him legally if he lacks capacity to make decisions.

RayAnswers :

They would help with that aspect too of necessary.

Customer:

Okay thank you very much he is sedated now and sleeping but we will re-group in the morning and have a ambulance come out. He is a veteran so we are checking on having assistance.

RayAnswers :

I am so sorry that you are having to go through all of this.I wish you the best.

RayAnswers :

And the social worker can check on VA options too.

RayAnswers :

Good luck to you.

Customer:

Yes I lost my father last year and I am affraid of losing him.

RayAnswers :

Thanks for letting me chat with you tonight.

Customer:

THank you

RayAnswers :

You are so welcome.If you can leave a positive rating it is always appreciated.

RayAnswers :

In case you need a lawyer here locally for say guardianship you can get one here.

RayAnswers :

Thanks again for letting me help you.

Ray and 9 other Legal Specialists are ready to help you

Here is resource for Adult Protective Services.They can assist you in working to locate alternate placement to meet his new needs for more care.


http://www.cdss.ca.gov/agedblinddisabled/PG1298.htm

Thanks again for letting me help.

 

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.