What is the name of your state (only U.S. law)?
California
I want to challenge a DNR status and a durable power of attorney -- I've been told that probate code 3201 allows me to file a peitition. I've looked at the Superior Court list and googled for hours -- does anyone know the number of the form?
Even if I lose the durable power of attorney, I want to reverse his DNR status.
Background?
My Dad was seriously injured -- he can only sign with his mouth.
Early this year, he signed an Advanced Directive naming me his Durable Power of Attorney for Health -- I am required to work closely with him to get his input so that I can rep his wishes as closely as possible. The directive contains the formal wishes -- such as his desire to be resuscitated, his wishes to stay at home as long as possible, etc.
My siblings advocated to get my Dad to choose to self-euthanize shortly after his injury -- when this failed, they tried to make him a DNR and comfort care. They submitted two invalid DNR (POLST) forms -- and I succeeded in invalidating them. My Dad does not want to be comfort care and a DNR -- he wants to try to improve his condition, but my siblings tried to prevent him him from seeing specialists, from getting a new bed, etc. They are constantly attacking me, and they are minimally involved in his care. I've been reported to Adult Protective Services three times - each time, the case was dropped -- I wanted to speak with them and explain, but my brother and Mom told me not to.
About two weeks ago, I discovered that my siblings had gotten my Dad to sign a document -- but he didn't know that the document was an Advance Directive making him a DNR and naming my Mom as the DPAH and them as the 2nd and 3rd Agents -- they have blanket decision making powers and do not have to consult him. All his wishes are omitted. My Mom is very dependent on my siblings -- and so they know that she'll listen to them. My sibling is well-networked in the healthcare industry.
My Dad has been in and out of the hospital -- he is back in now. Before and even after he entered, I taped a statement wherein he stated that he didn't know the doc contained a DNR and named new DPAH documents -- and that he wanted me to be the DPAH.
Now, my Mom and siblings are having meetings -- excluding me -- to decide my Dad's care. They are blaming me for his hospitalization and are pointing to the times which I've been reported -- thus, they claim that I endanger his health. This time, I decided to report my brother to Adult Protective Services and discovered there's a 4th report.
The hospital social worker has informed me that they must use the current Advance Directive, until it's proven invalid. I've asked them to directly talk to my Dad, but the doctor says that my Dad is in no condition to make any decisions.
California
I want to challenge a DNR status and a durable power of attorney -- I've been told that probate code 3201 allows me to file a peitition. I've looked at the Superior Court list and googled for hours -- does anyone know the number of the form?
Even if I lose the durable power of attorney, I want to reverse his DNR status.
Background?
My Dad was seriously injured -- he can only sign with his mouth.
Early this year, he signed an Advanced Directive naming me his Durable Power of Attorney for Health -- I am required to work closely with him to get his input so that I can rep his wishes as closely as possible. The directive contains the formal wishes -- such as his desire to be resuscitated, his wishes to stay at home as long as possible, etc.
My siblings advocated to get my Dad to choose to self-euthanize shortly after his injury -- when this failed, they tried to make him a DNR and comfort care. They submitted two invalid DNR (POLST) forms -- and I succeeded in invalidating them. My Dad does not want to be comfort care and a DNR -- he wants to try to improve his condition, but my siblings tried to prevent him him from seeing specialists, from getting a new bed, etc. They are constantly attacking me, and they are minimally involved in his care. I've been reported to Adult Protective Services three times - each time, the case was dropped -- I wanted to speak with them and explain, but my brother and Mom told me not to.
About two weeks ago, I discovered that my siblings had gotten my Dad to sign a document -- but he didn't know that the document was an Advance Directive making him a DNR and naming my Mom as the DPAH and them as the 2nd and 3rd Agents -- they have blanket decision making powers and do not have to consult him. All his wishes are omitted. My Mom is very dependent on my siblings -- and so they know that she'll listen to them. My sibling is well-networked in the healthcare industry.
My Dad has been in and out of the hospital -- he is back in now. Before and even after he entered, I taped a statement wherein he stated that he didn't know the doc contained a DNR and named new DPAH documents -- and that he wanted me to be the DPAH.
Now, my Mom and siblings are having meetings -- excluding me -- to decide my Dad's care. They are blaming me for his hospitalization and are pointing to the times which I've been reported -- thus, they claim that I endanger his health. This time, I decided to report my brother to Adult Protective Services and discovered there's a 4th report.
The hospital social worker has informed me that they must use the current Advance Directive, until it's proven invalid. I've asked them to directly talk to my Dad, but the doctor says that my Dad is in no condition to make any decisions.
