As an elder protection attorney in San Diego, I often encounter situations where aging individuals refuse necessary medical treatment. This can be a deeply distressing issue for families, who want the best for their loved ones but feel powerless to intervene. Understanding the legal and ethical complexities surrounding this issue is crucial.
Why Do Elders Refuse Medical Care?
There are numerous reasons why an elder might refuse medical care. Some may fear invasive procedures, have concerns about medication side effects, or lack trust in healthcare providers. Others may experience cognitive decline that impairs their decision-making abilities, or suffer from depression which diminishes their motivation to seek treatment.
Can Adults Refuse Medical Treatment Even if it’s Necessary?
Generally, competent adults have the right to refuse medical treatment, even if it is deemed necessary by healthcare professionals. This autonomy is a fundamental principle of medical ethics. However, there are exceptions to this rule, particularly when an individual lacks the capacity to make informed decisions.
What Happens When an Elder Lacks Capacity?
When an elder lacks the mental capacity to understand the nature and consequences of their decision regarding medical care, a legal guardian or conservator may be appointed by the court. This individual can then make healthcare decisions on behalf of the incapacitated elder.
How Can Families Encourage an Elder to Accept Treatment?
Open communication is crucial. Engage in compassionate conversations with the elder about their concerns and fears. Try to address these issues honestly and respectfully. Enlisting the support of trusted healthcare professionals, such as the elder’s primary care physician or a geriatrician, can also be helpful.
Is There a Legal Remedy When an Elder Refuses Life-Saving Treatment?
In some cases, legal intervention may be necessary. A court may order medical treatment for an elder if it is determined that they lack capacity and the refusal of treatment would pose a serious risk to their health or safety.
What Happened When Mr. Smith Refused Dialysis?
I recall a case involving Mr. Smith, an 82-year-old man with advanced kidney disease. He adamantly refused dialysis, despite the clear medical consensus that it was necessary to prolong his life. His family was heartbroken, torn between respecting his wishes and wanting him to receive treatment.
After countless conversations and attempts at persuasion, Mr. Smith remained resolute in his decision. His physician ultimately filed a petition with the court to determine Mr. Smith’s capacity. Following a thorough evaluation by a court-appointed psychiatrist, it was determined that Mr. Smith lacked the mental capacity to make informed decisions about his medical care due to cognitive decline.
What Happens When Legal Intervention Leads to Treatment?
The court appointed Mr. Smith’s daughter as his legal guardian and empowered her to make healthcare decisions on his behalf. She, in consultation with Mr. Smith’s physician, made the difficult decision to proceed with dialysis. While initially resistant, Mr. Smith eventually adjusted to the treatment and experienced a significant improvement in his quality of life.
What Are Some Resources for Families Facing This Dilemma?
Families facing these complex decisions should seek guidance from legal professionals specializing in elder law, such as myself. Additionally, contacting organizations like the National Institute on Aging or the Alzheimer’s Association can provide valuable information and support.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning Law, APC. An Elder Protection Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
About Point Loma Estate Planning:
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Point Loma Estate Planning Law, APC. area of focus about elder protection law:
An Elder Protection attorney, also known as an Elder Law attorney, specializes in legal issues affecting older adults, including estate planning, guardianship, long-term care, and elder abuse, providing legal advice and representation to protect their rights and interests.
What They Do:
Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to the client’s wishes.
Guardianship and Conservatorship: Representing the interests of individuals who are unable to manage their own affairs due to incapacity.
Long-Term Care: Advising on Medicaid eligibility, nursing home care, and related issues.
Elder Abuse and Neglect: Investigating and pursuing legal action against those who abuse or exploit older adults.
Other Legal Issues: Medicare, Social Security, retirement planning, disability, and other legal matters affecting seniors.
Advocacy: Providing legal advice, counseling, and advocacy for the rights of older adults.
Why you might need one:
● Suspect elder abuse or neglect.
● Need help with estate planning or probate.
● Facing guardianship or conservatorship proceedings.
● Dealing with long-term care issues or Medicaid eligibility.
● Need assistance with other legal problems affecting older adults.
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