If my dad cannot sign his signature... and cannot make a consistent answer on whether or not he wants a pacemaker, can my sister legally sign a form stating the surgery can be performed if there is no health care proxy in place? Thanks for your answers.
2007-04-01 06:13:50 · 3 answers · asked by butterfly 1 in Politics & Government ➔ Law & Ethics
what if family is not in agreement on decision?
2007-04-01 06:22:11 · update #1
If a physician can certify that he is unable to make a decision, the next of kin (wife or children if he has no wife) can sign in his place. If not, his verbal consent can be witnessed by someone - he does not have to physically sign to give consent.
If there are multiple people at the same level of kinship, who cannot all agree as to the course of action, it will have to go to the courts. However, if there is a wife, the children don't have to agree, or if all the children agree, the siblings don't have to, etc. Anyone related to him can file in court requesting an injunction, however, if they believe that the person with the legal right is not acting according to the person's wishes.
2007-04-01 06:18:03 · answer #1 · answered by James 7 · 0⤊ 0⤋
The next of kin makes the decision. This should be outlines in his living will, or will default to his spouse or child.
2007-04-01 13:27:08 · answer #2 · answered by smedrik 7 · 1⤊ 0⤋
Another reason to havea living will.
Remember Terry Schaivo???
2007-04-01 14:03:50 · answer #3 · answered by TedEx 7 · 0⤊ 0⤋