Please HELP - Can a husband pull the plug without other family member's cons!
Question: Please HELP - Can a husband pull the plug without other family member's consent!?
My cousin had a stroke last week that damaged most of her right brain!. Because they live in the east coast, I am getting bits and pieces of what is going on!. Before you know it!.!.!. the next thing I heard, her husband (who cheated on her before) will pull the plug on her tomorrow!!! Her parents and family DO NOT want this to happen! I don't even know if her kids have any say in this situation!.!.!. My question to you all!.!.!. can he alone make this decision if she didn't write a statement in paper or record on tape somewhere that she doesn't want to be on life support!?!? The sad part of this all!.!.!.she didn't write up a will (she was a very healthy woman, not sure why this happened to her), therefore, he will get ALL her money!.!.!.!.this is so not right!.!.!.how can he do this and can something be done!?Www@Answer-Health@Com
Answers:
This depends on a few things!. How old are her children!? If the children are over 18 then they can have a say in it!. If she did not have a living will then the husband has to right to make that decision alone if the kids are not legal age!. The parent's and family can take the matter to a judge if they feel this would not be the patient's wishes or if they feel that the husband is not able to make that decision!. This is always a very gray issue in the medical field!. This is why we stress that everyone should have a will no matter how healthly you are!.Www@Answer-Health@Com
If she did not appoint him power of attorney or have a living will regarding life support, this is a difficult situation!. however, if her husband had heard that she wanted to "pull the plug" and the doctor feels her husband knows her best, then the doctor might agree with the husband!. in any case, it is up to the doctor or the courts if no agreement is made!.Www@Answer-Health@Com
He is next to kin and will be the one to make decisions,but family might can get a court order to put a hold until the Court can decide!.Www@Answer-Health@Com
Unfortunately, I think that he can do it!. This is why I stress to people that wills are important, no matter what age!.Www@Answer-Health@Com
He may be her Health Care Proxy & would have known her wishes even if they are not written specifically on the form!.
Other members of her family!.!.!.like children of legal age can contest the decision if they want!. Also she may have accounts with her children as beneficiaries & in that case they would get that money!.
She did not leave him!.!.!.let sleeping dogs lie!.Www@Answer-Health@Com
Other members of her family!.!.!.like children of legal age can contest the decision if they want!. Also she may have accounts with her children as beneficiaries & in that case they would get that money!.
She did not leave him!.!.!.let sleeping dogs lie!.Www@Answer-Health@Com
He is her husband!. Legally that supercedes her parents or any other family members if she has not left a living will!. Yes, he will inherit her money, or at least a portion of it!. If she has no will, then anything held in both their names automatically becomes his!. Any life insurance she listed with him as beneficiary (or any 401k, IRA, etc) will become his!. Anything else will go into probate for 6 months!. If her family wants a share they'll have to prove to a probate court judge why they should be allowed to take money away from a grieving husand who has kids to raise!.
What difference does his cheating have to do with anything!? If it was recently and she had the stroke as a result of it or before she could respond to it, then that's too bad!. Otherwise, if the affair was done at a point in history that would allow her to decide to stay with him then it has no bearing on anything other than the fact that you are trying to smear the man's name just because you're hurt over the losing your cousin!.
I think if I were you, I'd step back and look at what really matters here!. Are you close to this cousin and sorry to lose her!? Or are you afraid you aren't going to get any of the money!?Www@Answer-Health@Com
What difference does his cheating have to do with anything!? If it was recently and she had the stroke as a result of it or before she could respond to it, then that's too bad!. Otherwise, if the affair was done at a point in history that would allow her to decide to stay with him then it has no bearing on anything other than the fact that you are trying to smear the man's name just because you're hurt over the losing your cousin!.
I think if I were you, I'd step back and look at what really matters here!. Are you close to this cousin and sorry to lose her!? Or are you afraid you aren't going to get any of the money!?Www@Answer-Health@Com
A very sad situation, especially given her age!.
If they are married then he is legally her next of kin, so yes he has that right as long as it is not contested by other family members and your cousin has been assessed as not having viable life without machanical ventilation!.
The hospital can apply to have the machines switched off if it is in the patient's best interest in relation to quality of life!. These types of decisions are not made lightly, and will always have a series of procedures to go through to verify that it really is the only decision!.
Not turning the machines off on someone who is in effect brain dead will not save their life, it only serves to prolong the families suffering and costs heaps of extra money without any added hope of recovery!.
The next issue you mentioned is that he will get all of her money, and that she didn't write a will!. Without a will there is nothing recorded to say what her wishes are regarding her assests!. So she has died intestate and their are laws that will allow anyone who thinks that they may have a claim to those assests to put in a claim for them!.
It just seems sad that at this time money should form part of anyones main concerns though!.
Good luck to you and your family, but this is really a good argument for making sure that you have a legal EPOA and Advanced Health Directive!.Www@Answer-Health@Com
If they are married then he is legally her next of kin, so yes he has that right as long as it is not contested by other family members and your cousin has been assessed as not having viable life without machanical ventilation!.
The hospital can apply to have the machines switched off if it is in the patient's best interest in relation to quality of life!. These types of decisions are not made lightly, and will always have a series of procedures to go through to verify that it really is the only decision!.
Not turning the machines off on someone who is in effect brain dead will not save their life, it only serves to prolong the families suffering and costs heaps of extra money without any added hope of recovery!.
The next issue you mentioned is that he will get all of her money, and that she didn't write a will!. Without a will there is nothing recorded to say what her wishes are regarding her assests!. So she has died intestate and their are laws that will allow anyone who thinks that they may have a claim to those assests to put in a claim for them!.
It just seems sad that at this time money should form part of anyones main concerns though!.
Good luck to you and your family, but this is really a good argument for making sure that you have a legal EPOA and Advanced Health Directive!.Www@Answer-Health@Com