Is it legal to remove someones trake without their family present if they have a living will and a POA ????

Thomasville, NC Viewed 7 times. Posted 28 days ago in Health Care
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A friend of mines father has a trake and the hospital is trying to remove his trake without his family being present, the family doesnt want this to happen. He has a 50/50 chance of making it if they remove the trake, but his family wants him to be present during all of this. Also the family is trying to get their father moved to a hospital closer to them but none of the hospitals are willing to take him. Is there anything we can do?
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Answers (1)

Cheryl K. David

Cheryl K. David Avvo Pro

Contributor Level 5
This attorney is licensed in North Carolina and 1 other state. Posted 21 days ago. Flag as objectionable
If someone has a living will, which has been given to the hospital, and it states that they don't want to be kept alive during some very specific situations, then the living will may prevail. However, if the patient or the family doesn't like what is going on they may request an appeal at the hospital, challenging the doctor's decision. Ask if there is an ombudsman at the hospital that the family can speak with.

I would also suggest that the family hire an elder law attorney in Thomasville to discuss what can be done.

You may also want to contact the agency listed below and discuss your options of moving their father or contesting the treatment he is receiving.

N.C. Division of Aging and Adult Services
Adult Protective Services Section
2101 Mail Service Center
Raleigh, N.C. 27699-2101
(919) 733-3818
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