Legal Question in Criminal Law in California

My aunt is 75 and is dying. If we don�t take action to prevent that death could

My aunt is 75 and is dying. The doctors say she has perhaps 2 months to live. (Cancer, heart disease, the works.) She is hooked up to a device that keeps her lungs drained. The Dr's. want to disconnect this device and send her home and have her brought into the hospital 2x a week to have a tube inserted down her throat to drain the lungs... this is a very frightening experience for anyone let alone an elderly person.

My aunt has been through so much... So here's my question: Is there anything in CA law that would prevent us from not taking her in to have her lungs drained and to allow her to basically suffocate? If this were to happen she'd probably live for a week... it would be frightening but her pain could be managed through drugs. In other words, if my aunt were to begin to die and we did nothing to help her except to ease her pain could we be found culpable for her death?

My cousin does have power of attorney.

Thanks for your help.


Asked on 9/03/99, 9:35 pm

1 Answer from Attorneys
Eric Chase The Chase Law Group

Re: My aunt is 75 and is dying. If we don�t take action to prevent that death c

The obvious question is, What does she want? Secondly, to be criminally liable, one must intend for her to die or be reckless in bringing about her death. Another issue is that of Tort Liability. Family members have a duty to rescue, letting her die naturally may not be a failure to rescue.

The bottom line is that each situation is unique. For a more definitive answer, please call (800) 382-3100.

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Answered on 9/08/99, 5:40 pm


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