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

Related Topics:
1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • 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.

1 user found this answer helpful

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.