Legal Question in Elder Law in Oregon

Re: Sick Elderly Woman refuses to seek medical help

Hello -

Your situation is not an unusual one. When a person fails

to plan for illness, the end result is often the need for

a court appointed guardian. A family member or state social

services may need to step in and petition the court for

appointment to deal with your mother's medical situation.

You should remember that as long as she has mental

capacity, she is entitled to refuse medical help.

If she ceases to have mental capacity, then a

court appointed guardian will be able to make those

decisions.

The process for appointing a guardian requires a

filing with the local court, 14 days notice (includng

serving papers on your mother) and a court

appointed visitor who will make a recommendation to

the court whether your mother needs a guardian. Your

mother will also have the right to object to the

appointment of a guardian. As you can guess, this can be

an expensive process. If a guardian is appointed,

these costs can be paid from your mother's money. If

the court does not appoint a guardian, the costs would

be born by the person applying for the guardianship.

You might want to discuss an Advance Directive with

your mother. This only appoints someone to make medical

decisions, has nothing to do with money. Most doctors

and hospitals have copies of this form, which needs to

be signed in front of witnesses and the persons

appointed to make these decisions also need to sign the

document.

This is not specific legal advice, which can only be given

after a full examination of your specific circumstances.

Our office often helps elders and their families

deal with advance directives, guardianship, conservatorship

and estate matters. Please give us a call for a low

cost initial consultation.