Legal Question in Health Care Law in Florida

Who will take care of an incoherent patient?

FRED CAPLAN IS A 43 YEAR OLD LAWYER. FRED RECENTLY SUFFERED A RIGHT CVA. FOLLOWING MEDICAL STABILIZATION IN THE ACUTE CARE HOSPITAL, HE WAS SENT TO THE REHABILITATION UNIT. ALTHOUGH FRED HAS MADE SOME PROGRESS DURING HIS STAY, IT IS BECOMING CLEAR THAT HE WILL NOT BE INDEPENDENT AT DISCHARGE. HIS COGNITIVE SKILLS ARE LIMITED. HE AMBULATES WITH MODERATE ASSISTANCE OF ONE AND THE USE OF A QUAD CANE, AND HAS LITTLE USE OF HIS LEFT UE. FRED�S FAMILY HAS BEEN VERY SUPPORTIVE DURING HIS REHAB. THIS HAS INCLUDED FRED�S PARENTS, HIS SISTER, AND HIS SIGNIFICANT OTHER OF 18 YEARS, TOM. AS THE TIME OF DISCHARGE APPROACHES, THE FAMILY APPEARS TO BE HAVING CONFLICTS ABOUT FRED�S FUTURE. FRED�S PARENTS LIVE IN ANOTHER STATE THAT IS 8 HOURS AWAY. FRED�S MOTHER INSISTS THAT FRED SHOULD BE PLACED IN A FACILITY NEAR HER. TOM STATES EMPHATICALLY THAT FRED NEEDS TO BE CLOSE TO HOME, AND THAT THE FACILITY IN FRED�S HOME TOWN DOES NOT EVEN HAVE REHABILITATION � IT IS SIMPLY A NURSING HOME AND FRED WILL NOT RECEIVE THE SERVICES THAT HE NEEDS. THE REHABILITATION TEAM IS NOW DISCUSSING THE DISCHARGE PLAN FOR FRED. What should I do?


Asked on 7/13/04, 7:02 pm

1 Answer from Attorneys
Craig Dorne Craig M. Dorne, PA

Re: Who will take care of an incoherent patient?

The law sets forth a order for who decides. More facts are needed to answer the questions. Has the Court Appointed someone? They decide first. Second has he appointed somone before incapcity? They go second. Is he marreid? Wife goes next. Next children, then parents. The facility he is at should know how to handle the decisions.

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Answered on 7/14/04, 9:58 am


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