Australia Law

Have Australian law questions? Ask a lawyer now.

Connect one-on-one with {0} who will answer your question

My mother is currently in hospital dying. It is not a matter…

Customer Question

My mother is currently in...

My mother is currently in hospital dying. It is not a matter of if but when. Doctors have tried to push me to turn off her equipment and withold treatment, but it was expressly not her personal wish to do so. They say that it is a medical decision for them and that they can override me legally. I know that she is going to die anyway, but their their definition of dignity of death does not match hers, and I am concerned with upholding her wishes. She never got around to giving me enduring POA, only financial POA. They have moved her into intensive care, which they didn't want to do, but I think they had to because I refused to sanction the turning off of equipment. I can understand something like not putting her on a kidney machine if they fail because in such a case this would not be viable medical treatment. What legal rights does my mother have now in this situation? She could arrest anytime and they could pull rank and contact me after the fact.

Submitted: 13 years ago.Category: Australia Law

Show Less

Ask Your Own Australia Law Question

Answered in 3 hours by:

12/23/2009

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 13 years ago

Brisbane-Lawyer, Solicitor - Admitted 2005

Category: Australia Law

Satisfied Customers: 14,361

Experience: I did my law degree at the University of Queensland

Verified

Quote:

What legal rights does my mother have now in this situation?

If she is of sound mind, then she could - if she wishes - refuse medical treatment. However, if she is not of sound mind (ie. she suffers dementia or is in a coma, etc.), then the doctors are right, they then get to make all medical decisions for her in the absence of an enduring power of attorney.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.

Customer reply replied 13 years ago

Thank you for that. I have been telling Mum about the importance of setting up enduring power of attorney as I said that it may be difficult to keep that promise unless she gave me the full weight of the law to act on her behalf. She did it with finances but always kept putting the other off till later - probably thought it was tempting fate.

As it happens, it does look like she may be getting her wish, though, as her kidneys are failing first and she has not had any more arrests. I don't dispute the medical decision not to put her on a kidney machine as that would be analogous to prescribing a course of action that wasn't going to work anyway. Her only wish was to have the sort of current level of medical care she is currently receiving (basically palliative in intent at this stage, as it is 100% terminal very soon) and not be switched off because a doctor decided it didn't sit with his own values as opposed to hers, or to be denied treatment at all. So far they have honoured that.

I have managed to get them to hold off saying that we are still waiting to hear from relatives who may wish to pay a last visit first (which is quite true), and they are willing to honour that. I have been hoping that it may give her the chance to die over the next day in the manner in which she wanted without heavy handedness from doctors. As one person is interstate, that may buy her the time that she needs to die her way without worrying about doctors overriding.

Had she provided me with full enduring power of attorney, could I then have carried out her wishes? I know it's probably futile to ask, because I did warn her that there could be difficulties without it, but it would give some measure of peace of mind, knowing that there was nothing else I could have done other than the stand I've already taken for her in the last day, as she didn't provide me with the legalities. It might also help me be more politically astute if I am ever in this type of full time carer position again for a relative.

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 13 years ago

Quote:

Had she provided me with full enduring power of attorney, could I then have carried out her wishes?

Yes,

The only issue then would have been costs, ie. private hospital fees can accrued when the doctors want to take someone off live saving machines and the attorney doesn't want this, then the hospital can charge fees for the additional care and usage of the machines.

But that's something of a side issue, the botXXXXX XXXXXne is that you would have gotten the final decision if you had the enduring POA.

If my answer has been helpful or informative, please press Accept. I am also able to answer further questions after accepting.

Edited by Alex on 12/23/2009 at 7:14 PM EST

Brisbane-Lawyer, Solicitor - Admitted 2005

Category: Australia Law

Satisfied Customers: 14,361

Experience: I did my law degree at the University of Queensland

Verified

Brisbane-Lawyer and 87 other Australia Law Specialists are ready to help you

Ask your own question now

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a solicitorLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Australia Law Questions

I recently was making enquiries on behalf of my brother who

Hi I recently was making enquiries on behalf of my brother who lives in Sydney. He is wanting to obtain an enduring Power of Attorney so that he can deal with my Mothers affairs. She has severe dement… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

I have a girlfriend in queensland australia who signed an

I have a girlfriend in queensland australia who signed an enduring POA to her mother at the age of 11 when she was very sickly. She is now 20 and her mother is taking her money for and spending it as … read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

I am my Mothers POA and guardian is it possible to hand this

I am my Mothers POA and guardian is it possible to hand this over to my daughter (granddaughter) my Mother is in a Nursing Home and has dementia and is bed bound. My older sister is trying to gain POA… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

My mother is 92 and is undergoing major surgery today

My mother is 92 and is undergoing major surgery today following a fall. I live in NSW and I am her executor. I do not have medical or financial powers. In the event that 1) I need to access her funds … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

My mother has just gone into hospital, she needs to go into

My mother has just gone into hospital, she needs to go into a nursing home, she has no will, my family have appointed me to take care of her needs. What do I do to become her guardian and look after a… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

My 2 older sisters have joint POA over my mother for the

Hi....my 2 older sisters have joint POA over my mother for the last 4 years.....they have hidden her whereabouts from me…..mum is now 88 years old and I am concerned for her particularly with the coro… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

Family law - coersion and undue influence over elderly

Family law - coersion and undue influence over elderly mother over changes to previously agreed power of atorney & guardianship, medication and change to will by one of 5 children. Mother scared to sa… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

My sister has power enduring power of attorney my mother is

My sister has power enduring power of attorney my mother is in the nursing home she has been on medication cortisone I was told by the hospital for her to come off this medication she needs to be wean… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

I am my mothers legal enduring power of Attorney & her

I am my mothers legal enduring power of Attorney & her guardian. My husband and i took a holiday in June first break in 2 years. While my mother was in care, my sister and her husband who had been est… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

I have been living at my mothers property in Melbourne and

I have been living at my mothers property in Melbourne and acting as her carer for the past year, as she has demnentia, my Sister has the power of attorney and has coerced my Mother to go to Perth and… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

When a parent is deemed incapable of making a decision in

When a parent is deemed incapable of making a decision in the interests of her health, what are the legal options moving forward with her care?… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

My sister lives in in NZ has POA in NZ for my mother, we

My sister lives in in NZ has POA in NZ for my mother , we have been living in Australia for 5 years my mother has been living with us for 3.5 of those years. I have nominee arrangement with Centrelink… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

enduring-power-of-attorney I current have a mother in hospital,

enduring-power-of-attorney I current have a mother in hospital, since she currently in good state of mind, doctor are informing her that my enduring power of attorney is not in place. Mum is currently… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

I live in WA, my mother is aged 93 and has recently been put

I live in WA, my mother is aged 93 and has recently been put into a care Home (Bethanie in WA) basically to die. She is unhappy there and wishes to spend her last days at "Home". There are 3 siblings.… read more

Daniel

Solicitor

Bachelor's Degree / Graduate Diploma

7,683 satisfied customers

My father has always had learing difficulties but my mother

My father has always had learing difficulties but my mother was carrer for him when she was diognosed with cancer and because my sister lives in their state she was given power of atterney while my mo… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

My 81yo mother who lives alone wants to stop medication because

My 81yo mother who lives alone wants to stop medication because it has not improved her condition. My sister wants her to have 24/7 care but my mother does not want this. I also agree with my mother t… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

My mother is 84 years old and suffers from cancer and arthritis.

My mother is 84 years old and suffers from cancer and arthritis. She has had 4 major back operations in her life time and requires 24 hr care. Over the past 6 months she has spent half that time in ho… read more

Leon

Solicitor

Master's Degree

33,544 satisfied customers

I have enduring power of attorney for my mother who is now

I have enduring power of attorney for my mother who is now in aged care. My son will buy her house. $450,000 is the value. Can I sell for $300,000 (aged bond req'd) & 'loan' him the remaining $150,000… read more

Maurice

Lawyer

Master's Degree

1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer ar Show Less

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer in the News:

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

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.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, 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!!
ElaineAtlanta, 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.
TonyApopka, 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

< Previous | Next >

Meet the Experts:

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

John Melis

Lawyer

35,824 satisfied customers

Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

Leon

Solicitor

33,544 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Solicitor

7,683 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Patrick H.

Lawyer

5,422 satisfied customers

Dip Law LPAB - Sydney based lawyer

James D. Ford

Solicitor

1,600 satisfied customers

Lawyer | Founder & CEO at Blue Ocean Law Group

< Previous | Next >

Show MoreShow Less