Chayet & Danzo, LLC Chayet & Danzo, LLC www.Coloradoelderlaw.com
Law Pay

Call for a Free Initial Consultation

Direct 303-872-5980
Toll-Free 888-472-1088
Email Us

COVID-19 NOTICE:

After careful review of the COVID-19 environment the law firm of Chayet & Danzo, LLC, will not be conducting in-person appointments in our offices until May 26th, 2020.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m Monday through Thursday and 8:00 a.m. to 4:00 p.m. on Fridays. We will also respond to e-mails as soon as we can.

This decision is in the best interest and health of our team, clients, and community.

We will be accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

Battle over guardianship highlights hospital's power

When a person becomes sick or incapacitated and is no longer able to make decisions for themselves, disputes can arise over the person's medical care. Aging Colorado residents should consider establishing legal guardianships to make sure that their medical wishes are carried out if they become incapacitated. People often choose a family member to be their guardian, but a guardian can really be anybody a person trusts to fight for their medical requests when they're unable to. In rare cases, however, a hospital can seek a guardianship for a patient - sometimes causing anger within a patient's family. If this situation occurs, it's important to have an elder law attorney on your side.

One such case is currently ongoing in Pennsylvania. An 85-year-old woman was admitted to a hospital for pneumonia, and a series of disputes over her care has resulted in an extended stay. The woman is now suffering from compromised kidney function, and she is supported by a ventilator. The woman's daughter was trained in Bosnia as a physician. After disagreeing with the hospital over several aspects of her mother's care, the hospital restricted the daughter's access to her mother and sought a court-appointed guardian for the elderly woman.

The daughter claims that the hospital used risky, questionable and experimental treatments for her mother. She was very vocal about not consenting to the procedures planned for her mother. The hospital decided that the daughter's actions went too far, stating in a letter that the daughter had demonstrated "verbally threatening behavior" with hospital staff and made "loud insulting demands." The hospital barred the daughter from even entering hospital property except during three weekly half-hour visits.

Recently, hospital staff recommended that the court-appointed guardian authorize a "do not resuscitate" order for the woman. The daughter filed a petition in court attempting to block the order, stating that her mother's living will stipulates that life-prolonging strategies should be enacted. The daughter has also petitioned to have the third-party guardianship revoked.

A medical ethics expert commenting on the case said that hospitals rarely push family aside to seek their own guardianship. When it does happen, however, hospitals often prevail in any ensuing legal disputes. Anyone who truly believes that they know what's best for an incapacitated loved one should seek a guardianship sooner rather than later.

Source: Pittsburgh Post-Gazette, "Daughter battles UPMC for guardianship of mother" Steve Twedt, Feb. 05, 2014

No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
#D-201
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet SuperLawyers.com
  • Rated by Super Lawyers Frank J. Danzo, III  SuperLawyers.com
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell