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Roger, Attorney
Category: Legal
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother is in a subacute center on ventilators.

Customer Question

My mother is in a subacute center for people on ventilators. She had trouble breathing because of congestive heart failure due to a failing aortic valve in her heart. She wanted a valve replacement surgery which was done and was successful. Before the surgery, she was intubated because she couldn't breath without help. After the surgery the doctor said she was intubated too long and they would have to put a trach attached to a ventilator. At the hospital, a polst form which my mother signed which specified limited trial of intubation and no trach. They put in the trach anyway. Now, almost a month later, she's tied to a bed, on a ventilator, not able to eat, drink, or speak. She has dementia and I believe she is suffering too much at this point. She is almost 87 years old and me and my brothers would like to remove the vent and feeding tube and let her go in peace. We are going to talk to the doctors to see if this can be done. We need to find a lawyer in case there is a problem with our wish. Do we see an elder lawyer for something like this?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Yes, you can seek assistance from an estate/probate attorney or an elder law attorney about your mom's medical treatment and end-of-life decision issues. However, if your mom has dementia, it may be difficult to achieve anything without filing a petition in court for a conservatorship to be established so someone can make decisions on her behalf.
Expert:  Roger replied 1 year ago.
If you believe your mother is mentally capable of signing an advanced healthcare directive, that would be the cheaper option. But, your mom has to be lucid in order to execute it.
Expert:  Roger replied 1 year ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so i may receive credit for assisting. Thanks again!