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meadowlarkhb

Junior Member
I live in Oklahoma and my father is in the end state of frontal lobe dementia. He lives in a nursing home and is starting not to swallow and eat. He was diagnosed 3 years ago with dementia. Last year we were taking a family vacation and were worried about being able to care for him should something happen to my mother on the trip so my mother and I downloaded an advanced directive for health care off of the internet and had him sign and notarize it. What we have learned in the past year since his health has declined is that the document unfortunately combined issues which deal with end of life and issues which deal with persistent vegetative states. The document lumped the issues together and has created a legal mess. My father's basic wish when we prepared the document was for him not to have medical personnel decide to remove a feeding tube or some type of life sustaining treatment in case of a trauma (i.e. Terry Schiavo). He did not, however, want medical personnel to determine whether a feeding tube should be inserted, life support, etc. Unfortunately, because the document combined both issues, we've encountered medical personnel who say that we will have no say in whether a feeding tube, life support, DNR will be used because of the way that it is worded.

Is there any way to overturn an advanced directive? Sadly, my dad had no idea what he was signing. He would want reasonable attempts to save his life but in his current state he would have never wanted to kept alive artificially. Since his condition is declining, I'm worried about what he might be put through in an effort to keep him alive. Is there anything that we can do to contest the advanced directive? If it was just a matter of my disagreeing with his wishes, I wouldn't dream of going against what he wanted, but since I was the one who printed off the document and just asked him to sign it, I know that he did not intend to be kept alive beyond what the natural body could withstand. Any ideas?
 


Indiana Filer

Senior Member
He was diagnosed 3 years ago with dementia. Last year we were taking a family vacation and were worried about being able to care for him should something happen to my mother on the trip so my mother and I downloaded an advanced directive for health care off of the internet and had him sign and notarize it.
If the father was diagnosed with dementia three years ago, would the advanced directive that was signed one year ago be legal?
 

BlondiePB

Senior Member
If the father was diagnosed with dementia three years ago, would the advanced directive that was signed one year ago be legal?
Nope. The poster's father needs to have a court appointed guardian AND court appointed Health Care Surrogate/Proxy. The Health Care Surrogate MUST follow one's state statutes regarding removal of any life sustaining actions, which means asking permission of the court to do so.

Enrollment in Hospice for the end-of-life care does have it's own peculiarities that must be known by the court appointed Health Care Surrogate.
 
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