Legal Question in Elder Law in New York

do i as a daughter have the right to stop treatment my mother is reseving? this

i would like to stop my mother treatment and get her a second opinion. the doctor will not return my call. nor will any one give me enough information on condition to whitch my mother agree treatment on. mother said she was made to agree. yet she changes mind often. do i have any legal rights as only child.


Asked on 6/04/01, 9:35 pm

2 Answers from Attorneys

Harry Margolis Margolis & Bloom, LLP

Re: do i as a daughter have the right to stop treatment my mother is reseving?

No,you have no particular legal rights as a daughter. However, you may petition to become your mother's guardian, which would give you the legal right to make health care decisions for her. In the mean time, the health care professional may defer to you even without your technically having the legal power to make decisions.

If you need a qualified attorney to represent you, try the directory at www.elderlawanswers.com.

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Answered on 6/26/01, 10:06 pm

Re: do i as a daughter have the right to stop treatment my mother is reseving?

Unless you have been appointed as an Article 81

Guardian, an expensive and long drawn out process

you do not have the right to dictate the type of

treatment your mother receives. She is the only

one who can. She can delegate this to you through

the use of a Medical Proxy/Durable Medical Power of

Attorney

Without one of these two, your mother is the only

one who has a say. You can influence her choices

but cannot deal directly with doctor

Check HMO lists for requirements for change of

DRS also These can be limiting

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Answered on 7/09/01, 3:19 am


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