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Does a elderly hospitalized patient in her upper years have any rights concerning her wishes?

Asked in Westmont, IL - 8 months

Refereed to Dhs by Dr., state contacted,case in process, HC.P.O.A excluded from information-all levels, trust estate-living will - HC.P.O.A - no financial resources, unable to access benefit of the legal system, David versus Goliath situation, does a doctor or medical institution have the right to condemn a patient against her wishes? Does her voice not count verbally or documented?

Attorney Answers (4)

Diane Beth Weinberg

Diane Beth Weinberg

Alpharetta Elder Law Attorney

Answered 8 months ago. To answer the question, yes, an elderly person who is not declared legally incompetent absolutely has the right to determine what type of care she receives. She has the right to accept and to refuse care, even if the refusal of care is to her detriment.

Unfortunately, your explanation does not really tell us what happened. Please provide additional details as to what happened so that you can get better guidance.

Good luck!
Unless you came into my office, signed a contract and wrote me a check, I am not your attorney, and you are not my... more
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Judy A. Goldstein

Judy A. Goldstein

Mokena (Will County) Divorce / Separation Lawyer

Licensed in IL

Answered 8 months ago. You asked the same disjointed question twice. One thing is for certain. Doctors and health care institutions do not condemn people.

Please rewrite your question.
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Stephen Samuel Messutta

Stephen Samuel Messutta

Chicago Real Estate Attorney

Licensed in IL

Answered 8 months ago. While I agree with the others who tried to answer your question, it also depends on what you are relying on to pay for your health care needs because not every program provides the same benefits. In addition, depending on your medical/health condition, the hospital may not have the capability to properly care for you, and the MDs may have only limited options in terms of how to treat you.
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Ronald Zack

Ronald Zack

Tucson Estate Planning Attorney

Answered 8 months ago. As long as you are able to state your wishes and have not been determined to be incapacitated, your medical providers should follow your wishes. If, however, their medical opinion is that your requests are not appropriate or medically feasible, they may not. As long as you remain able to make your own decisions, you are free to seek another provider.
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