Posted on 04/07/2005 2:59:57 AM PDT by schmelvin
From Research Thread:
31-9-1.
This chapter shall be known and may be cited as the 'Georgia Medical Consent Law.'
31-9-2.
(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and
empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which
may be suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himself, whether by living will or otherwise;
(1.1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31,
the 'Durable Power of Attorney for Health Care Act';
(2) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his minor child;
(3) Any married person, whether an adult or a minor, for himself and for his spouse;
(4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any
guardian, for his ward;
(5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof,
or childbirth;
(6) Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through
(5) of this subsection, the following persons in the following order of priority:
(A) Any adult child for his parents;
(B) Any parent for his adult child;
(C) Any adult for his brother or sister; or
(D) Any grandparent for his grandchild.
Nope. Grandchildren are not specifically listed as having medical power in the absence of a written medical power.
But in this case, the hospital and hospice are covered, because they acted in good faith on the representations of Gaddy. Further, any actions now
are taken in accoradance with orders of a court-appointed guardian; so the defaults listed in the statute are no loner operable.
http://georgiamalpractice.com/codes/code-informedconsentlaw.htm
84 posted on 04/09/2005 7:16:55 AM PDT by Cboldt
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Thank you for posting that regarding Boyd's ruling re guardianship of Gaddy. It appears we have a more honest judge than Greer, et al. Boyd may not be a lawyer by background, but that doesn't mean he's incompetent and it appears he has ruled in a more protective way that Greer ever did.
Great info! Thanks for posting, Fred N
as opposed to what - starving/dehydrating to death?
yes - since, as I understand it, Hospice is merely for making a terminal patient more comfortable in the dying process - not equipped for the kind of medical attention Mae needs att - which is available at a hospital,
even over a sister?
I can tell you how Nancy Cruzan's father feels. He felt like the government was stepping into his private life and trampleing his rights as a father to properly care and make decisions for his daughter.
I just picked DeLay's name out because he was at the head of the movement for government interferance. It was an arbitrary pick I did mean the government as a whole.
The courts in Georgia have specifically adjudicated that the reverce for (D) also stands true, but again you are missing the main point which is :the ganddaughter is in the same state of residence as the grandmother and from what I am understanding in the same household. The other relatives are not in the same state much less in the same household. That gave the granddaughter the right to make medical decisions. If the rest of the family wants to protest what the granddaughter is doing, they need to go to court, oh wait! they did, ohhh! You don't think they were following the law do you?
Spot on
needed to be said - time is of the essence
Yep, thanks for the comedy relief. Much needed.
May I respectfully say, be very careful when accepting "favors" from the devil.
Is it "good faith" not to check on the accuracy of a person's claim to have POA over a person's medical treatment?
If that isn't verified, anyone can shove anyone into Hospice - who's sole purpose is to ease one's death. Sure glad I don't have any money - or granddaughters like Mae's
I understood that she just looked after her - but not lived with her...and has POA over finances - about $500,000 in the kitty? Maybe someone didn't want to see that get drained off on hospital bills...
The granddaughter had more ties to the grandmother than just blood. She apparently had finacial resposibilities as well. and Proximity plays a large part in determining guardianship and legal resposinbility. The court could very well hold it's original ruling that the granddaughter has guardianship, but stipulate that end of life decisions must be agreed upon by the sister and the brother.
Let me explain, generally you sisters and brothers go on to make thier own households with thier own decendants, the granddaughter is a direct decendant of the grandmother, which makes her closer in consanguinity (that means blood relation) than the sister. The reason why the Georgia code is written that way is because at the time that the particular code was added it was rare for an adult granddchild to make decisions for a grandparent. Life expectancy has changed. The granddaughter did nothing wrong in exercising her right to care for her grandmother. We might disagree with what she chose, but she had that right. the brother and sister have the right to protest, which is what they did. I still think there are facts that we are unaware of in this case that have not been brought to light.
methinks you are on the wrong thread forum - go back to the DU'ers
(oh, and on your previous post, "granddaughter" has two d's - and you have a spell-checker that can tell you that)
Where did you get the $5oo,oo from? and again Power-of- Attorney for finances...how are the medical bills being paid. The granddaughter is in a situation where the other reletives cannot be reached who do you think gets to make the decisions? the person who is resposible is the person who is there and she has the checkbook. It's amazing how many medical decisions are made because of money.
had to read that over to get the full chilling import!
In other words, if she has food and water, she wont die...and, in other words - since she was being fed and had water when she entered the hospice - she WAS NOT TERMINAL, therefore illegally entered
that applies to each and every one of us!
Was it Frost that said "Stop the world, I want to get off...?"
And your point is ...? Your a knuckle dragging caveman who cannot logically debate an issue without resorting to put downs and high school antics?
spell check? Usually my secretary takes care of that for me.
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