My mother is in assisted living. Yes, she's a crotchety person. Diabetic, COPD from among other issues. My sister is health care proxy. The issue for this moment is that my mom's oxygen level gets low and is supposed to be taking oxygen but refuses and 'doesn't want it in the room'. Have heard that kids can get sued by the state if they don't 'take care of their parents' but what is one supposed to do when the parent absolutely refuses to do what they should be doing? Apparently, the caregivers can't get her to take it as well.
Thoughts on how to proceed or what are the legal ramifications if something bad happens due to a directly related care issue that the health care proxy can't handle due to the individual refusing care?
Thanks
So sorry that she is refusing something that would help her feel less distressed and tired but unless she has been declared incompetent she is free to make these decisions.
I would ask her doctor to discuss it with her and have her tell them that she refuses it, then make sure the doctor puts that in her records, don't assume it will make it in there. This will ensure that your sister will have no trouble because mom refused co2
It's hard to understand what 'rights' a person has once they are declared incapacitated because they are no longer able to properly exercise their God-given rights, i.e., make proper decisions.
Have you asked the social services staff staff about your responsibilities concerning management of her compliance in her care?
Here is a guide for guardianship in Texas.
The way I read it is that even if your mom were a ward of the state, she would have the right to refuse the oxygen.
https://hhs.texas.gov/sites/default/files/documents/laws-regulations/legal-information/guardianship/pub395-guardianship.pdf
EDIT;
I just read that you are in Fl. The LoneStar made me think Texas. However, I’ll bet you can find something similar for Fl.
The burdens of care management are difficult enough without feeling as though you have sole responsibility for her life and death, and knowing what her caregivers and medical personnel see about her refusals can help clarify what you’re seeing yourself.
In our caregiving situation, a minimum does of an anti-depressant was very useful in helping our LO become slightly less “crotchety” without becoming drugged out. That may not be possible with your mom’s other limitations, but it has sometimes helped me (a little) to brainstorm potential small changes that may shift the landscape a bit.
One of the kindest things one of my mother’s caregivers ever did was to tell me that I should stop trying to get her to eat, when in spite of a previously healthy appetite, she began to refuse anything by mouth shortly before her 95th Birthday.
Counterintuitive as that was to me, I complied, and found that she was much more calm and content.
https://flayld.org/2016/08/right-to-refuse-treatment/
I guess, call the ambulance and allow the person ur caring for turn it down. Then get a copy of the EMT report showing the person refused to go. Call APS or Office of Aging to evaluate the situation. No, they can't force either but they can document it too. Document, document. Then when something happens you can show you did everything you could and even the powers that be could not force the issue.