Can we legally remove our comatose mom from the hospital withoutits consent?

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Can we legally remove our comatose mom from the hospital withoutits consent?

My mom suffered a massive heart attack 9 months ago and has been in a coma since. 3 weeks ago she was admitted to the hospital for medical reasons and her care during these 3 weeks has been horrible so my siblings and I would like to take her home. Before her hospital stay we have been taking care of her for the past 8 months.

Asked on August 5, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  It must be devastating.  Your family sounds as if they have really rallied under the circumstances and you are very fortunate.  The ability to be able to refuse the care or remove her from the facility will depend on if you or your siblings have the legal right to make decisions for your Mother.  Is there  a health care proxy?  Has anyone been appointed as conservator of her estate or guardian in this situation?  Once you have that right to make decisions for her medically then you have the right to refuse the care of the hospital.  The doctors can fight you on this though so it would be best to seek legal help in this matter.  Good luck to you.


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