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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

Who makes medical decisions if there is no advance directive?

Health problems are not always predictable. Issues can crop up with little warning, impacting both the individual and their loved ones. Sometimes these ailments are quite serious and leave a person unable to communicate for themselves.

In these situations, an advance medical directive often guides the decision making for the incapacitated person. But what happens if they never signed an advance medical directive?

Determining a proxy decision-maker

In situations where an incapacitated person does not have an advance medical directive (or a guardian), someone has to make choices about the individual’s medical treatment. The person given that responsibility is known as the proxy decision-maker. They have the authority to make certain treatment choices on behalf of the incapacitated person. The proxy is expected to follow the person’s wishes, if known, or otherwise act in the person’s best interests.

Their authority isn’t all-encompassing. There are limits. For example, a proxy decision-maker can not independently choose to remove a feeding or hydration tube. That requires input from the attending physician and a second, independent physician trained in neurology or neurosurgery.

Who might the proxy decision-maker be?

Finding a proxy decision-maker begins with the attending physician or advanced practice nurse. They are expected to notify as many interested persons as possible, including the patient’s:

  • Spouse
  • Parents
  • Adult siblings
  • Adult children or grandchildren
  • Close friends

At that point, it is up to those loved ones to decide, together, which one of them should serve as proxy decision-maker. Unsurprisingly, this can be an emotional process, one with the potential for serious conflict. If these interested persons can’t agree, one or more may try to initiate proceedings to obtain legal guardianship over the incapacitated individual. This can alienate others and lead to many hard feelings.

The best way to avoid having loved ones go through this is to make sure you have an advance medical directive. Or, if you’re caring for an older adult, consider inquiring into whether such a document exists. During an already stressful time, it can be beneficial to everyone to defuse this dispute before it ever happens.

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Denver, CO 80246

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