Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

A Health Care Proxy, as I understand it has the right to make

Customer Question
decisions for a person who...
A Health Care Proxy, as I understand it has the right to make decisions for a person who cannot make them for themselves like my mother who has Alzheimers. I've been told by a relative who is a nurse that they are taught in school about patient rights, and they have a right to refuse treatment. An attorney has referred to my role with doctors, to enable "informed consent". These do not seem to be the same to me, but maybe there is not a distinction made formally. (unless informed consent simply permits of the option not to consent at all ergo refuse treatment). Hope I'm making sense. I'm getting at a means to prevent doctors and the healthcare system to impose treatment, medicines, dose changes with disregard to a Heath Care Proxy. Can you clarify?
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 20 minutes by:
7/13/2013
Lawyer: Legalease, Lawyer replied 4 years ago
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
Experience: 15 years exp all aspects of general law
Verified

Hello there

-

I know that this concept can be difficult to understand when there are usually so many people involved in the end of life care decisions in the first place. Generally speaking, a person signs a health care proxy to designatre a family member/friend, etc. to make those important medical decisions for them in the event that they are mentally and/or physically incapable of making those decisions. THese situations can be very easy -- in a case where someone is not even conscious and decisions must be made for them then the Health Care Proxy is the latest and greatest thing for that person who cannot make their own decisions to get the proper care in accordance with their wishes expressed through the person who they chose as their Proxy at an earlier time.

-

Troubles arise when the person who has earlier signed a Health Care Proxy may be mentally and emotionally unstable and the doctors will have to determine whether or not to listen to the patient (who requests one method of care) or whether to listen to the Proxy (who is requesting another means of care or to completely stop the care being given to the patient). It is situations like this where doctors sometimes have to override the proxy because the patient seems lucid enough to make their own decisions and the proxy seems to be not necessary.

-

MARY

-

Ask Your Own Legal Question
Customer reply replied 4 years ago

You missed the point. I asked about Informed consent vs. Right to refuse treatment. I also explained my mother has Alzheimers. In fact she has no mind to decide a thing. The 2nd part of the question is about a physician's right to impose changes against a HCP or without their consent.

Lawyer: Legalease, Lawyer replied 4 years ago

Hello again -

-

The point is that a doctor can override a health care proxy and /or override decisions made by the selected person if the doctor feels that the person is still in their right mind to make those decisions.

-

However, I do think that you need to elaborate on the questions for another expert to understand what it is you are asking -- exactly --. And you should probably post each question separately so what you are seeking is clear to anyone reading each ???? individually / separately.

-

Due to our mis communication earlier, I am going to opt out of the question and ask that one of our collegues step in to assist you tonight

-

-

THANK YOU !!

-

-

MARY

-

Ask Your Own Legal Question
Customer reply replied 4 years ago

Good enough. You didn't get it. There's no point in your response regarding overide... I've already said my mother has Alzheimer's and CANNOT decide or answer to such issues. That is why I take her place in this function. Please opt out.

Lawyer: CalAttorney2, Attorney replied 4 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified
Dear Customer,

I am a different contributor and hope that I can be of some assistance.

The problem that often comes up here is that the scope of powers for a Health Care Proxy, or "Health Care Agent" is limited by the individual writing the Advanced Health Care Directive appointing this Proxy.

I will assume that the Directive that appoints you as Proxy for your mother is broad, and allows you to make all decisions in the event she is incapacitated. The law is clear, if she is unable to make decisions (due to incapacity, unconsciousness or some other issue), you make the decisions.

There may be parameters placed on your decisions. Many Advanced Health Care Directives have instructions regarding end of life care and use of life support. If the document does not allow for those treatments, you cannot override those, your powers are limited by the document.

Physicians and other medical personnel are required to follow the instructions by the Health Care Proxy. If a physician is unwilling to follow these instructions, he or she must arrange for transfer of the patient to another facility that can honor those instructions.

I hope that this helps. You can find more information regarding your state's laws in particular at the following website: http://www.dsf.health.state.pa.us/health/lib/health/publicnotices/Sample_Forms_for_Advance_Directives.pdf

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
Ask Your Own Legal Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What are the requirements in Alabama for hospitals that have
What are the requirements in Alabama for hospitals that have an attempted suicide patient that comes into the emergency room by ambulance? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,107 satisfied customers
I was given a citation for an open container found in my
Good day. I was given a citation for an open container found in my trunk. It is BP code section 25608(a). Thanks. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
177 satisfied customers
D, california, no, lease agreement
d JA: What state are you in? It matters because laws vary by location. Customer: california JA: Has anything been filed or reported? Customer: no JA: Anything else you want the lawyer to know before I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,678 satisfied customers
I am a Wisconsin Notary and my commission is permanent. I
I am a Wisconsin Notary and my commission is permanent. I just noticed that on a document that I notarized yesterday omitted the statement that my commission is permanent. Is the notarization valid? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,325 satisfied customers
In a condominium building how in advance the increase of
In a condominium building how long in advance the increase of maintenance fee must be noticed to the owner … read more
LegalGems
LegalGems
Juris Doctorate
10,423 satisfied customers
Hypothetically if someone I was with was caught shoplifting
hi so hypothetically if someone I was with was caught shoplifting but I did not take anything, can I still be held responsible for them? I am 18 … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
I am asking on behalf of my cousin. His father, my uncle, is
Hi! I am asking on behalf of my cousin. His father, my uncle, is dying of Alzheimer's and doesn't have long to (we think just days). My Uncles' second wife is trying to prevent him from seeing his fat… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,678 satisfied customers
I am applying for loan. Bank approved loan. Now remaining is
I am applying for loan . Bank approved loan . Now remaining is SBA approval. I have question for the lawyer who can a divide in process of filling the forms for that … read more
Lori H.
Lori H.
Juris Doctor
14 satisfied customers
My son was sentenced to 6 years in Colorado's Youthful
My son was sentenced to 6 years in Colorado's Youthful Offender System. How much time will he have to serve? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,678 satisfied customers
I own a small business with about 17 employees. How much
I own a small business with about 17 employees. How much Christmas bonus should I give?? I usually give a store credit for their bonus.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,694 satisfied customers
When filing an SEA in Texas, the form asks for the entire
When filing an SEA in Texas, the form asks for the entire estate. The deceased had a brokerage account with TOD, named beneficiaries, is that exempt from the SEA. The probate concerns a small $20k ban… read more
LegalGems
LegalGems
Juris Doctorate
10,423 satisfied customers
We received a citation to discover assets to third party. My
we received a citation to discover assets to third party. My question is can I pay our bills before the court date. My husband is disabled right now and not working. We need to pay his ins. and regula… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Ray, 1st let me say Merry Christmas before I forget. Please
Ray, 1st let me say Merry Christmas before I forget. Please let me briefly recap my case of winning a judgment via sly atty (Jerry). With prior lawyers' help, I myself filed the complaint to the super… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
I have a question. California
Hello, JA: Hi. How can I help? Customer: i have a question. JA: What state are you in? It matters because laws vary by location. Customer: California JA: Has anything been filed or reported? Customer:… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,468 satisfied customers
I am in a limited partnership in Texas. My partner and I are
I am in a limited partnership in Texas. My partner and I are having a dispute and he has done things that are harmful to me and hurting our business. Does he still have a responsibility to protect the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,468 satisfied customers
I recently received notice about filing a proof of claim. It
I recently received notice about filing a proof of claim. It involves an MVA that I was in years ago, while driving in the rain and my car spun out of control and ran into an concrete barrier. I susta… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
I live in Baltimore County MD. County code enforcement
I live in Baltimore County MD. County code enforcement officers claim the right to enter my property without my permission or a court warrant. My yard (60' wide) is fenced on the rear and 2 sides. The… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
A question about Tennents in common. When one person dies
A question about Tennents in common. When one person dies does the Tennent receiving that share of the house have to wait for probate to be finalised before selling etc … read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers

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 (last updated February 8, 2012).

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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x