Atlanta, GA asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida

Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree to remove him from the ventilator and send to hospice to be made “comfortable” (basically let him die) my step mother... is all for this of course because she doesn’t work & is just looking for her next meal ticket. QUESTION 1: can she make that decision legally with the hospital alone? Without involving his kids? QUESTION2: can they just take him off the ventilator on their own because “believe” he’s brain dead?

1 Lawyer Answer
Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not suitable, the only thing you can do is to ask the court to decide.

Charles M. Baron agrees with this answer

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