Furious in NY

[Mellow99]

Hello
My father is in a nursing home in the state of Alabama and wants to leave however his wife our stepmother won't let his children take care of him. He had a stroke and is suffering from a mild case of dementia and no one visits him, she just left him there. I have a Advance Directive letter that he signed giving us the right to act on his behalf for medical decisions however it wasn't signed until after the stroke.

Does the state of Alabama recognize this form, is it legal, can we get our father and bring him back home (NY state)?

 

[LdiJ]

Hello
My father is in a nursing home in the state of Alabama and wants to leave however his wife our stepmother won't let his children take care of him. He had a stroke and is suffering from a mild case of dementia and no one visits him, she just left him there. I have a Advance Directive letter that he signed giving us the right to act on his behalf for medical decisions however it wasn't signed until after the stroke.

Does the state of Alabama recognize this form, is it legal, can we get our father and bring him back home (NY state)?

I would talk to an attorney in Alabama about that. I wouldn't try to handle it without one, because the nursing home may not cooperate with releasing him.

 

[Proserpina]

Hello
My father is in a nursing home in the state of Alabama and wants to leave however his wife our stepmother won't let his children take care of him. He had a stroke and is suffering from a mild case of dementia and no one visits him, she just left him there. I have a Advance Directive letter that he signed giving us the right to act on his behalf for medical decisions however it wasn't signed until after the stroke.

Does the state of Alabama recognize this form, is it legal, can we get our father and bring him back home (NY state)?

Is there a health-care proxy and/or power of attorney (for medical decisions) in addition to the AD letter? And are any of these documents on file at the hospital?

The stroke and dementia might actually enable StepMom to claim your father was not mentally competent to sign.

 

[TheGeekess]

Section 22-8A-4
Advance Directive for Health Care; living will and health care proxy.

(a) Any competent adult may execute a living will directing the providing, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration. Artificially provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living will unless specifically authorized therein.

(b) A competent adult may execute at any time a living will that includes a written health care proxy designation appointing another competent adult to make decisions regarding the providing, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration. Artificially provided nutrition and hydration shall not be withdrawn or withheld pursuant to the proxy designation unless specifically authorized therein. A proxy designation made pursuant to this section shall be accepted in writing by the individual being appointed. The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy designation may be a separate document or part of a living will.

Section 22-8A-4
(Follow the link to read the law in Alabama; there's more there that may be relevant to your situation...)

Also read:
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/126284.htm
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/126388.htm

 

[BlondiePB]

Hello
My father is in a nursing home in the state of Alabama and wants to leave however his wife our stepmother won't let his children take care of him. He had a stroke and is suffering from a mild case of dementia and no one visits him, she just left him there. I have a Advance Directive letter that he signed giving us the right to act on his behalf for medical decisions however it wasn't signed until after the stroke.

Does the state of Alabama recognize this form, is it legal, can we get our father and bring him back home (NY state)?

I agree with the others regarding dad's competency to sign the Advanced Directives and to consult with an attorney in AL. When family disagree on the care of another family member, this can be challenged in court. Remember Teri Shaivo?

 

[stealth2]

Hello
My father is in a nursing home in the state of Alabama and wants to leave however his wife our stepmother won't let his children take care of him. He had a stroke and is suffering from a mild case of dementia and no one visits him, she just left him there. I have a Advance Directive letter that he signed giving us the right to act on his behalf for medical decisions however it wasn't signed until after the stroke.

Does the state of Alabama recognize this form, is it legal, can we get our father and bring him back home (NY state)?

Since there are apparently multiple children.... Y'all can't visit him every few weeks between the however many of you there are? At least until this is sorted out?