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My mother had a heart attack and had a stent put in. Now her heart is not working properly and needs more tests and she thinks everyone is out to get

1 Answers. Asked on Jun 21st, 2016 on Elder Law - New York
More details to this question:
her. She keeps tells us that someone is trying to hurt her in the hospital. We are now staying with her. But she wants to go home ama against medical advise. and we are trying to get her to stay and do all testing that are necessary. please help.I believe she is incompetent to make any decsions
Answers Showing 1 out of 1
Answered on Jun 27th, 2016 at 6:46 AM

Has your mother previously designated you or another family member as a health care proxy? If so, you would want a medical determination that your mother is not competent, and then the agent would have legal authority to make medical decisions on her behalf.

If there is no designated health care proxy, then your only option might be to file an Aritcle 81 Guardianship proceeding to have you or another family member appointed her legal Guardian by a judge.

 

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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