She said as soon as she was appointed Guardian, my aunt decided, even though we were told she had mild dementia, that she wanted to die and planned to starve herslef. My cousin thinks this is fine and plans to let her go along with it. She does not want to involve Hospice and just says "let God's will be done, if she doesn't eat, I can't force her." Is this abuse. Doesn't my cousin have the legal obligation to at least notify the Court this is going on? Help!
Perhaps you aunt does not want to face the phases she is going to go through and she has a right to make that decision as well.
I do not believe this is a legal situation, but a family decision. I am sorry but this is personal and if you involve legal counsel everyone of you will lose your rights and the courts will take over.
I will just say this my father had severe brain damage after a heart attack, we had to decide if he was going onto a feeding tube or if we were going to do what they call comfort care, which is basically starving the body. As a family we discussed it and made our decision. In turn, I gave the order to the doctor.
So I am sorry having been down a similar path, I disagree with taking the legal step, you need to discuss it. Your aunt and her family need to discuss it and make a decision that you can live with. This is a moral and ethics situation, not a legal situation.
As far as the court is concerned, the guardian, is suppose to help the person, (not go along with some idea, of a mild dementia patient?) usually a guardian gets appointed when the person is declared disabled....and the guardian eventually has to answer to the court...how does she plan on getting away with it? Your cousin, is assisting someone in suicide, it is only suicide if self-inflicted, other wise it is a homicide.
If this is a for real situation, your duty is to report her... this is done by making an emergency order to the court, or reporting her to senior abuse, etc. you could ask the question of the senior abuse hotline, if someone is allowing their mother to starve because the mother wants to starve or...is allowing someone to starve senior abuse or die by starving is something, that a guardian should be allowing their ward to do and from there, the decision would be in their (Senior Abuse Hotline's) hands.
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