Home > For Everyone > Health and Medicine > Death and Dying > Connecticut General Statutes 19a-580e - Conservator's duty to comply with conserved person's health care instructions or other wishes. Precedence of health care representative's decisions. Exceptions
Connecticut General Statutes 19a-580e - Conservator's duty to comply with conserved person's health care instructions or other wishes. Precedence of health care representative's decisions. Exceptions
Connecticut General Statutes > Title 19a > Chapter 368w > § 19a-580e - Conservator's duty to comply with conserved person's health care instructions or other wishes. Precedence of health care representative's decisions. Exceptions
(a) Except as authorized by a court of competent jurisdiction, a conservator shall comply with a conserved person's individual health care instructions and other wishes, if any, expressed while the conserved person had capacity and to the extent known to the conservator, and the conservator may not revoke the conserved person's advance health care directive unless the appointing court expressly so authorizes.
(b) Absent a court order to the contrary, a health care decision of a health care representative takes precedence over that of a conservator, except under the following circumstances: (1) When the health care decision concerns a person who is subject to the provisions of section 17a-566, 17a-587, 17a-588 or 54-56d; (2) when a conservator has been appointed for a conserved person who is subject to an order authorized under subsection (e) of section 17a-543, for the duration of the conserved person's hospitalization; or (3) when a conservator has been appointed for a conserved person subject to an order authorized under section 17a-543a.
My mother passed away in a nursing home. She had a conservator because I had just had a baby. They couln't get hold of me through my phone because it had got shut off. So they sent me a letter I got in the mail one week after her death and the conservator had her cremated before any family was notified! She had no will! Is this legal in Connecticut? It feels so wrong.
1
January 29, 2013
Steven Daily: ...
Ashlee, I am sorry for your loss. The conservator had an obligation to carry out your mother's burial wishes. Perhaps she had expressed a wish to be cremated?
Also, the conservator had to promptly make a decision about the body, and it sounds like you were unavailable to discuss this with. Did the conservator have ANY means of contacting you in an emergency? If not, then it seems to me you are in no position to complain after the fact about the decisions that had to be made without you.
As for your mother not having a will, I am not sure what your question is. You can read more about it here:
http://www.lawserver.com/intestate-succession
Steve Daily LawServer.com
2
January 29, 2013
ashlee: ...
She was in a vegetative state for two years. I just couldn't make all the decisions about money and medical attention seeing as I'm only 23 and have a one year old baby. So they called my cell phone of which was off at the time. They could.have sent a cop or Marshall to my house before anything was down with her body. A letter would have been.last source. They had her sisters number and never called. She had no will nor was she ever able to tell him or anyone there that she wanted to be cremated so why was this all done with no family notice. Hell I live 30 minutes from there come on!
3
January 29, 2013
ashlee: ...
And cremation was done before I even found out she passed at least wait til I receiveed the letter I am her daughter.
4
January 29, 2013
christine: ...
Call a few lawyers. Tell them your side. Most lawyers will take on a case pro bono (without charge) if they believe your case will win.
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