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Are people allowed to receive medical care if their doctor say that they are terminal ?

Brookfield, WI |

I know someone that was in a guardianship. Their guardian would not allow them to receive medial care, food water etc. The guardian was told by the doctor that they had a terminal condition. The guardian also said that the person was too old and that she was too busy taking care of other people. Under state law we cannot sue because there was no spouse or minor child.A death had resulted in the lack of care. Another doctor had said the person was not terminal, but the guardian did not care. The guardian only wanted the persons funds. The guardian even canceled the persons health insurance.

Attorney Answers 2


To answer your question, the guardian is under a fiduciary duty to act appropriately for the benefit of the ward. Whether or not that duty is breached by the conduct above is a factual determination.

Seems to me that you should consult with a plaintiff's attorney specializing in Elder Abuse.

This comment is general advice only. No attorney-client relationship is formed or intended, and an actual lawyer is necessary to examine the specifics of any situation to provide a complete answer.

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As my colleague said, when someone is a guardian, he has certain requirements in terms of his behavior towards the person he is supposed to be helping. I would contact a lawyer who handles elder law and/or estate law, spend a little money for an hour of his or her time, and get an opinion.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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