Legal Question in Elder Law in California

My Mom has severe dementia and is now unable to speak anything other than Minion (gibberish). She can walk (unsteadily) but is confused on routine things like getting in a car or how to use her eating utensils. As her conservator I have am now planning on her last days (years) because of this progression. She has 3 signed Advanced Directives over the past 30 years that each say she does not want life saving methods to prolong her life. When the time comes, can the state of California force a PEG (feeding tube) against her wishes? Can a family member force the court to have one inserted despite my Mom's 3 prior Advanced Directives? My sister is in complete denial and thinks my Mom is depressed eventhough 3 specialists all concur Mom is beginning her final stages of this terrible disease. Thank you so much.


Asked on 8/29/15, 7:31 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

If you are her agent for health care under an Advance Health Care Directive signed when she had capacity, or if you were appointed as Conservator of the Person in addition to Conservator of the Estate, then you have the power to make medical decisions on her behalf, including rejecting feeding tubes, antibiotics, etc. You should have a conversation with her physician over what treatments to accept and reject.

Read more
Answered on 8/31/15, 9:34 am


Related Questions & Answers

More Elder Law questions and answers in California