Patient Rights To Refuse
Summary
Competent adults can refuse food and drink, but exceptions exist in guardianship cases. In Kentucky, wards may retain this right unless a court revokes it. Guardians can make decisions if the wards health is at risk. Consult a legal professional for specific advice.Full Conversation
what guardianship cases?
In guardianship cases, the guardian has the legal authority to make decisions on behalf of the ward (the person under guardianship). This can include decisions about food and drink if the ward isn't capable of making those decisions themselves due to health conditions or incapacity.
can the ward still refuse?
In Kentucky, a ward may retain certain rights, including the right to refuse treatment, unless explicitly revoked by a court. However, if the ward's health is at risk, the guardian may overrule this. Every case is unique, so it's essential to consult a legal professional for advice specific to the situation.
how does a ward gain guardianship?
In Kentucky, a ward may petition the court to terminate or modify the guardianship if they believe they have regained capacity. The court then assesses their capacity, possibly through a medical evaluation. If the ward is found competent, the court may terminate the guardianship. It's best to consult with a lawyer in this process.
what do people without limbs do if they refuse food and drink?
People without limbs have the same rights to refuse food and drink as any other competent adult. If they are under guardianship, the guardian may make decisions on their behalf. However, Kentucky law may allow the ward to retain the right to refuse treatment, unless revoked by a court.