California Judge Rules Wife has Legal Right to Remove Husband’s Life Support
Aug 29, 2018
San Francisco, CA (Law Firm Newswire) August 29, 2018 – A Los Angeles Superior Court judge recently found that a wife in California had the legal right to decide whether to end treatment for her husband who was in a permanent vegetative state.
Judge Mary Thornton House decided in her ruling that if an unresponsive individual does not have an Advance Health Care Directive, their spouse can make end-of-life decisions for them. The case concerned Juan Fernando Romero of San Gabriel Valley, California. He was found to be in a persistent vegetative state without any likelihood of recovery after sustaining serious brain damage in 2015.
“This case highlights how important it is for every adult to complete an Advance Health Care Directive. The document allows you to control your health care decisions by appointing an individual to carry out your wishes in case you become incapacitated,” said nationally known estate planning attorney Mark Gilfix. “It provides clarity for your loved ones so they can honor your preferences for end-of-life decisions. Without an Advance Health Care Directive, there is likely to be confusion, guilt and possible legal challenges for family members.”
In 2016 Ana Romero, Juan Fernando Romero’s wife, sought to disconnect his feeding tube and life support. His parents and sister filed a lawsuit against Mrs. Romero to obtain control of his end-of-life decisions from her. In order to keep Mr. Romero on life support, they asked the court to appoint Mr. Romero’s sister as the health care proxy. Mr. Romero died of natural causes at age 37 in June 2017 before the case concluded.
The family’s attorneys argued Mrs. Romero had no legal decision-making authority. The family also said removing Mr. Romero’s life support would go against his religious beliefs.
However, House ruled Mrs. Romero had the authority to make end-of-life decisions on her husband’s behalf as he had previously discussed with her the issue of not prolonging death. The judge dismissed the family’s claims that they had seen Mr. Romero show signs of consciousness. She cited expert testimony from a doctor who concluded his limited brain function meant that he would remain permanently unconscious with no chance of recovery.
“As his spouse, Ana is the presumptive health care surrogate for Juan Fernando in light of his incapacitation,” House wrote. She said his immediate family never spoke about his preferences in case of incapacity.
The judge also noted that there is ambiguity in the state law when it comes to determining who has the legal right to make decisions for an incapacitated individual. However, she ruled that Mrs. Romero fully complied with California’s Health Care Decisions Law as her husband’s surrogate.
This case and its outcome are reminiscent of the Drabick case from years ago. Attorneys responsible for a similar outcome in that matter were Myra Gerson Gilfix and Michael Gilfix.
Gilfix & La Poll Associates LLP
2300 Geng Rd., Suite 200
Palo Alto, CA 94303
Telephone: (650) 493-8070
http://www.gilfix.com/
Facebook: Like Us!
- Hugh Hefner’s will forbids heirs from using drugs and alcohol
<p>Hugh Hefner was vocal about his dislike of drugs and alcohol, as well as his concerns about substance abuse. It appears that the Playboy founder, who died in September 2017 at age 91, drafted his will to reflect those views. Hefner’s trust includes a clause that blocks his heirs from accessing their inheritance if they […]</p>
<p>The post <a rel="nofollow" href="https://www.gilfix.com/2018/05/hugh-hefners-will-forbids-heirs-from-using-drugs-and-alcohol/">Hugh Hefner’s will forbids heirs from using drugs and alcohol</a> appeared first on <a rel="nofollow" href="https://www.gilfix.com">Gilfix & La Poll Associates LLP</a>.</p>
- Robot caregivers elicit mix of worry and enthusiasm among Americans
<p>A Pew Research Center survey conducted last year offers some interesting insights into how people feel about robot caregivers and automation in general. Some Americans view robots as a possible solution to the anticipated shortage in caregivers for the nation’s aging population. However, many are concerned about the negative consequences of replacing human caregivers with […]</p>
<p>The post <a rel="nofollow" href="https://www.gilfix.com/2018/05/robot-caregivers-elicit-mix-of-worry-and-enthusiasm-among-americans/">Robot caregivers elicit mix of worry and enthusiasm among Americans</a> appeared first on <a rel="nofollow" href="https://www.gilfix.com">Gilfix & La Poll Associates LLP</a>.</p>
- Attorney Michael Gilfix featured as Great Giver in PACE newsletter
<p>Attorney Michael Gilfix was recently recognized for his generous support of the nonprofit Pacific Autism Center for Education (PACE). He was featured as a “Great Giver” in the Spring 2018 issue of the PACE Setter newsletter in acknowledgement of his positive impact on the community. Gilfix is a nationally known authority in the fields of […]</p>
<p>The post <a rel="nofollow" href="https://www.gilfix.com/2018/05/attorney-michael-gilfix-featured-as-great-giver-in-pace-newsletter/">Attorney Michael Gilfix featured as Great Giver in PACE newsletter</a> appeared first on <a rel="nofollow" href="https://www.gilfix.com">Gilfix & La Poll Associates LLP</a>.</p>
- ER visits increase disability risk for seniors, says study
<p>An elderly individual’s emergency room visit for an injury or illness could signal serious health problems, according to recent research. Adults aged 65 and older who make a trip to the ER are at a 14 percent higher risk of experiencing disability and physical decline up to six months after discharge than seniors who do […]</p>
<p>The post <a rel="nofollow" href="https://www.gilfix.com/2018/04/er-visits-increase-disability-risk-for-seniors-says-study/">ER visits increase disability risk for seniors, says study</a> appeared first on <a rel="nofollow" href="https://www.gilfix.com">Gilfix & La Poll Associates LLP</a>.</p>
- Key differences between nursing homes and assisted living facilities
<p>Choosing the right type of senior care for yourself or an aging loved one can be a difficult task due to the many options available. Among the best-known types of residential senior care are assisted living centers and nursing homes. Understanding the basic differences between them and whether they fulfill one’s requirements can help the […]</p>
<p>The post <a rel="nofollow" href="https://www.gilfix.com/2018/04/key-differences-between-nursing-homes-and-assisted-living-facilities/">Key differences between nursing homes and assisted living facilities</a> appeared first on <a rel="nofollow" href="https://www.gilfix.com">Gilfix & La Poll Associates LLP</a>.</p>
