Quote:
Originally Posted by seesaw
Hi Rose,
I'm not your brother or have your brother's problems, but I have cut off family. Speaking from that point of view, I would prefer a court appointed treatment guardian rather than a family member that I've purposely cut ties with. It's actually a little insane to me that you, having no relationship with him other than blood, could legally sign documents for him. I don't actually think you can sign documents for him. Typically the litmus is that it must be a "close" family member or authorized legal representative.
Next of kin laws scare me to death. That's why I have an advanced directive and selected people who can consent for me as well as what to do in a variety of situations.
Don't feel bad not getting involved. And don't let them bully you into getting involved into someone's life, especially someone who sounds like they have not treated you well.
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Thanks a lot for your input. I appreciate getting a point of view from someone who might be the person needing a treatment guardian. I, also, thought it was a little odd that they wanted my involvement, after I told them how estranged my brother and I were. I googled the topic in my state. It seems they had an argument, in that my brother was highly sedated on a ventilator and, I guess, had not been too coherent prior to being intubated. Plus, it was he who named me as the emergency contact back 13 years ago, when he was in that hospital. Back then he was on friendly terms with me. So they were going by that.
I doubt he has anyone in his life to represent him. He mostly makes enemies wherever he goes. I am now convinced that he does not want me involved. I think the hospital may simply have not wanted to go through the trouble of petitioning a court, if they could find an easier way. Plus, it looked like he would recover and soon be able to voice his preferences. If they contact me again about any consents, I think I will say that they need to get a treatment guardian thru the court, or state, or wherever that is arranged.
I am surprised they even gave me so much info on his condition. It seemed to not accord with HIPPA regulations. They even said they think he needs to be on antipsychotic meds longterm to manage his behavior. (I guess he was yelling and being hostile. They've kept him in wrist restraints.)
They knew he had a psych history.
Someone from their psych team talked to me. I'm sure not getting involved in that. My brother used to say he didn't ever want to be the recipient of "forced doping."
At any rate, he seemed to be greatly improved yesterday. Yet, they called me again today to say he "lacks decisional capacity." That means he's not competent to give "informed consent." So, if that continues, then they may really need to get a treatment guardian - one who is non-family.
This thread is helping me to clarify my thinking. I think the hospital may have been looking for a short cut.