Legal Question in Elder Law in Illinois

My grandma is in a nursing home she can read, write, hear, and respond to you but she has mouth cancer and cant talk. The hospital said she can not make her own decisions because she has been taking drugs therefore her oldest sister my aunt is the power of attorney. Well the other night my grandma pulled her feeding tube out and then said she wanted it put back in she wrote it on paper and signed it but my aunt will still not put it back in and there is nothing we can do to get it back in i was wondering if there was anything i could do i need help as quick as possible she has gone 3 days with out eatting or drinking but we have witness for the paper she wrote of her wanting the feeding tube back in. So is there anything i can do?


Asked on 6/13/10, 1:29 pm

1 Answer from Attorneys

Gregory Turza Law Offices of Gregory P Turza

If she still has decisional capacity then she is in charge of her own medical treatment. What you describe is a situation in which her capacity is in dispute. If her health care agent's decisions are in conflict with your grandmother's then your recourse is to open a guardianship estate and have the court decide.

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Answered on 6/14/10, 8:15 am


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