Responsibility of legal guardians

Discussion in 'General Discussion' started by dilloduck, Mar 27, 2005.

  1. dilloduck
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    dilloduck Diamond Member

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    Put this here becuase we don't have a law forum---it might be a good idea and help untangle some threads.

    My question is, what good is it to have a living will (which is being constantly advised these days)? If the legal guardian can choose to ignore it for years and even act in a manner that is in direct violation of this will, what purpose do they serve other than to take up space in a file cabinet or hard drive?
     
  2. Joz
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    Joz Senior Member

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    Not only this will but any will. What is the purpose if someone can come along & contest it? Keeps the state from getting your possessions but legal fees can take it all.
     
  3. dilloduck
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    dilloduck Diamond Member

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    YA--frickin lawyers always skim theirs right off the top!
     
  4. Joz
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    Joz Senior Member

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    Lawyers will always be in business. No more handshakes anymore. With any family member able to contest a will, who's to say they couldn't step in with a living will also?
     
  5. dilloduck
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    dilloduck Diamond Member

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    They already have Joz-----just another legal scam--nothing is a guarantee
     
  6. Joz
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    Joz Senior Member

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    So, why bother? Why pad their pockets? You think you've got everything taken care of to ease the burden off your family and then POW!
     
  7. dilloduck
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    dilloduck Diamond Member

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    Thats what I'm learning thru experiance------they are like the pope-----you gotta go through them to get "justice"
     
  8. Joz
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    Joz Senior Member

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    So, are you saying the Pope is a blood-sucking leech?
     
  9. dilloduck
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    dilloduck Diamond Member

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    WHOAAAAAAAAA i didn't go THAT far

    you just have to have a lawyers assistance to access the legal arena--justice costs !!
     
  10. Annie
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    Annie Diamond Member

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    Not that easy to challenge a bonafide will. Now the living will is a bit different. None of us are God, we haven't a clue as to what may happen, in what circumstances, when, or what medical science will have found by the time it happens. You go to set one up tomorrow, with Terri in mind, but you can't know how you'll feel 30 years down the road.

    From what I've dealt with, your best choice is a 'durable power of attorney.' We had this for my mom and also have it for my dad. Both my brother and I have 'power of attorney' regarding medical care. Each 'emergency' or 'incident' is dealt with after consulting with the doctor. My dad is golfing right now, he went to 9 am mass, he'll be coming home for dinner with my daughter and myself in a couple of hours. He's 84 years old. He saw my mom basically go from a vibrant, brilliant person to a sixty-some dependent person that had to enter a nursing home, for hers and our sakes. He does NOT want 'heroic measures' to prolong his life.

    Last July, suddenly he was having trouble breathing and felt like he was going to pass out. I rushed him to the hospital. His heart rate had fallen to 30 something. It was a 'big emergency.' A similar episode had occured the previous Spring. At the time of the first one, the attending physician said he had an infection. They put him on IV anti-biotics. He seemed better.

    Then in July, took him to our 'regular hospital.' They admitted him to intensive care. The next day a cardiologist came and said he needed a pacemaker. My dad's first reaction was, "No." We listened some more. It was explained to us: my dad, brother and myself that he would be an 'excellent candidate' for an 'electro-shock pacemaker' which would not only regulate his heart rhythm, but shock the heart if he had a heart attack. Downside, there could be a 'declining quality of life', while prolonged. We chose to have a non-shock pacemaker implanted. It allows my dad to carry on with his life, but will not 'bring him back', if the situation arises.
     

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