Expert: Michalene Peticca - 5/29/2008

Question
QUESTION: What are the legal rights of a person that has been diagnoised with alzheimer's.  If the person got pnuemonia could medication be legally with held from the person so they might die?

ANSWER: Hi Wendy,

Thanks for writing.  You ask a very good question with regards to legalities and ethics in medical care.

Generally, when a person is diagnosed with Alzheimer's they are also, at that point deemed incapable to handle their own financial and medical affairs.   Most people either have a Power of Attorney in place or do so immediately.   Families may petition courts for guardianship if the individual refuses to provide Power of Attorney to someone.  

The Power of Attorney is the legal representative of the individual with Alzheimer's.  Most Power of Attorney documents today are "Dual", meaning the Power of Attorney has financial and medical powers to make decisions.   Thus, the law looks for them to make the decisions.

If the Individual did not have a Living Will (a document that states what he/she wants for medical treatments if they become incapable), then a POA could choose to not give the individual medication.   HOWEVER, if one or more family members protest this decision, the courts will 99% of the time honor the right to PROVIDE treatment, rather than withhold.  

For example, let's say an individual had a Living will saying they didn't want ANY treatments if they became incapable, but the POA said they will get everything.   The healthcare provider WILL give the person everything, because Helping is always given over Withholding medicine, etc.  

Coversely, the POA could just honor the Individual's Living will and not provide treatment either.   And, yes, that would be legal.  

Hope this answers your question.

Best Regards,

Michalene Peticca, M.A.

---------- FOLLOW-UP ----------

QUESTION: If the person determined to have Alzheimer's, upon death and autopsy showed that the person did not have Alzheimer's, wouldn't the power of attorney and the doctor be guilty of murder?

Answer
Hi Wendy,

Wow...that is a pretty serious accusation.  I would have to say you might want to consider consulting an attorney if you have concerns at this magnitude.

Please bear in mind, that Alzheimer's has been misdiagnosed many, many times with individuals...but, ultimately, it comes down to what really was the cause of death...what kind of treatments were provided before death, etc.

Like i said, i would consult an attorney if you have such questions.

Best Regards,

Michalene Peticca, M.A.