Katy, TX asked in Elder Law for Texas

Q: My grandpa has COVID & oxygen, he’s living w/ my parents. been to hospital twice. Can they get trouble if he dies @ home

There’s no power of attorney, my parents have bought a funeral for him. He spend a week in the hospital got released and then two days a second time, got released again. Three nurses have come to the house, and they say he has to go through sickness, after the hospital. What will my parents have to do if he dies at home and can they get in trouble for not taking him to the hospital if he dies at home? I think the hospital would just release him since they’re so packed in Houston. My grandpa doesn’t have any possessions so there’s no will, he does get a little help from his social security. What are the laws if he dies at home? I read that you can have the body at home if the person dies for as long as you need to mourn, thank you so much for answering this

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Assuming that the hospital receives Medicare or Medicaid payments, it can only discharge someone in a safe discharge. While it is now less common, many people do die at home. If your grandfather is on hospice, the hospice nurse can sign the death certificate. If not, it must be signed by an M.D. Your parents may call the funeral home and arrange for the body to be picked up in a few hours, not immediately. They will want to put a rubber sheet under it as the rectum will not hold back fluids long after death.

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