Q: can A spouse be charged with elder abuse/or face legal issues if other spouse has Alzheimer’s and refuses to eat/drink?
Spouse is cared for at home, has living will with specifications about no medical interventions
A: If your wife's living will is very clear about refusing feeding tubes and being force-fed, then, no, you should not. This is, however, a delicate and complicated area. If there are family members or friends who disagree with your wife's wishes, they could call Adult Protective Services, which then sets into motion some unwanted investigations and intrusions into what should be a dignified and private death. There are some people who will totally disregard a patient's personal wishes and think they have the right to make decisions for them. If your wife is not taking in any fluids, she will likely die in less than two weeks. Hospice (non-profit and not affiliated with any religion) should be called in to assist your wife and your family. I highly recommend that you contact an elder law attorney who would need to know much more about all the circumstances, and advise you appropriately, so that if APS is called in, you are prepared to respond. I've never before offered this in this forum, but am doing so now because these are issues I, as an elder law attorney, follow very closely. While I cannot provide you with legal services because I am licensed only in California, through my resources, I am able to assist you in locating a Colorado elder law attorney who can. Feel free to contact me through my profile, no charge.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
