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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My father is currently in a nursing home at age 87. He has

Customer Question

My father is currently in a nursing home at age 87. He has a court appointed guardian due to dispute between his wife (now ex wife) and us his children.
Our father has be ill and in and out of the hospital and the nursing home. His guardian wants us to make a decision regarding hospice. He is on a feeding tube (has been on it over 1 year now). Just left the hospital and was deemed responsive. We his children do not feel it is appropriate for him to be in hospice at this time and all object.

Can the guardian go against the wishes of his immediate children and order guardianship?
This would be for the state of Virginia. Can a guardian make a life or death decision to force our father into hospice where he will literally be starved to death?
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.

Thank you for contacting with your question. I will provide legal information related to your question.


Hospice does not mean he will be starved to death. It just means he gets extra care from a hospice provider because his health condition is presumed to mean he will pass away in the next 6 months. Yes the guardian can get hospice services even if you do not want it since they are the legal guardian and decision maker, not you, unless the court order does not give them this authority.

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