Living Will My uncle has a living will with a DNR – he went through about 1…

Living Will
My uncle has a living will with a DNR – he went through about 1 month of touch and go but has survived and is now in an extended care facility – he is now conscience and coherent – but is being fed by feeding tube – he is able to communicate quite well. In spite of this, his daughter (my cousin) and the sole heir, wants to pull the plug. Here are my questions:

1) can he verbally revoke the DNR?
2) Is there some standard in terms of his condition that says how bad he has to be before they can even consider the existence of a living will?
3) What is the right way to stop her and get this into the right venue for a legal hearing?

Thanks for getting back to me right away – this is life and death!

One thought on “Living Will My uncle has a living will with a DNR – he went through about 1…

  1. Re: Living Will
    If your uncle is communicating there is no way that a doctor is going to pull the plug. Your other relative’s wishes are irrelevant.

    There is a law which prohibits the doctor or the facility from communicating with you regarding your uncle – HIPPA. However, there is nothing that prohibits you from communicating with the doctor or the staff. (Just don’t expect them to tell you anything in response).

    There is another way all together for you to voice your concerns. Every county has an Adult Protective Services, which is like CPS but for vulnerable adults. You can certainly call them and report that your uncle is in fragile medical condition and that you are concerned on his behalf that he cannot effectively withstand his daughter’s intentions.

    Go read (if you have access to it) his living will. You will see the standard that he provided as to what he wants to happen. Usually, it requires the agreement of two physicians as to his condition and the futility, in their medical judgment, of applying restorative medicine to his situation.

    That said, “mercy-killing” is against the law and no licensed doctor is going to risk his license, and no facility is going to risk losing accreditation because of the wishes of an heir.

    There is also a legal principle which prevents an heir from taking if they are proved to have had any hand in the testator’s death.

    Hope this helps. Powell

    Elizabeth Powell
    ELizabeth Powell PS Inc
    535 Dock Street, Suite 108
    Tacoma, WA 98402

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