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Dr. David Hadden, the county's coroner, public administrator and guardian, said Tuesday that his office adhered to the medical advice of Rivera's doctors.
The decision to remove artificial life support was made after "immense consideration" and due to Rivera's "untreatable and irreversible condition and to prevent any and all suffering that she may be enduring," according to a statement from the guardian's office.
Hadden added: "If this were a family member of mine, I would want the decision made by the group of physicians who are taking care of this patient.
Rivera's husband, Jesus Rivera of Sanger, had been his wife's conservator until he was removed and replaced by the county guardian June 17. Chavez-Ochoa said he didn't know why Rivera was removed, but the family wants Emrich to take his place.
Jesus Rivera said he assumed the court would appoint another family member to be conservator.
Sounds complex.
The husband had been his wife's conservator until he was removed and replaced by the county guardian. Why?
And so it comes to the county guardian to make the decision.
Will be interesting to see how this one shakes out.
Boulder Creek, CA
Jul 23, 2008
Local: Family in life support struggle
In a case similar to that of Terri Schiavo, relatives of a comatose woman are fighting Fresno County to put her back on life support.
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Joined: Oct 2, 2006
Comments: 6688
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According to the scant local media coverage, Mrs. Rivera's ANH was reinstated yesterday, after 9 days. The reports are in conflict as to whether the ANH was reinstated by the court, or by order of the current guardian.
http://www.mercurynews.com/breakingnews/ci_99... http://www.cbs47.tv/news/local/story.aspx... Boo |
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Joined: Oct 2, 2006
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After nine days? It's a wonder her kidneys hadn't already started shutting down. I kinda feel it should be a family decision rather than the county's. |
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1 Welcome to the new reality. She probably didn't have private funds. and life just isn't worth what it used to be. |
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I agree, PP, that it should be a family decision. However, it appears that the Rivera family concurred originally with the decision to remove ALS. Here's an article with more substantial information than we've seen before (read both pages): http://www.theolympian.com/nationworld/story/... Frankly, it appears to me that California's futile care law (similar to the one in Texas) may have come into play, and that the decision to withdraw ALS may have been influenced by money considerations, as well as futile treatment. Boo |
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Another example of the need of a DETAILED "Living Will" and a patient's appointed "Health Surrogate" enforce the directives of the patient. Created and filed in public recorders by a lawyer. |
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2 Maybe you should advertise your group. You could sell Patient's Choice Supporter Then you can list your qualifiers... 1. Disclosure by Spouse - optional. 2. Choice before litigation - optional. 3. Treatment or Therapy decisions - implementation optional. The motto can be "You make your Choice and we'll let you know when. where and whether or not we'll disclose it or honor it." Are you going to have dues or can any Michael Schiavo join? |
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Kadamson This is another example of you NOT understanding the purpose of the “Living Will” and the “Health Surrogate by your belittling any mention of them. Do try so hard to stay ignorant. |
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1 You state the purpose as you know it. Then tell me at what point it should be disclosed. |
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I knew you didn't know or you wouldn't of ask me to tell you. kadamson,you're too lazy to look it up yourself or you just rely on Schindler's propaganda and rhetoric. Stay ignorant!-!-!-! |
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1 You can't say because you don't know. You have no idea what to think. |
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Joined: Oct 2, 2006
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I see. For more than two years, Rivera's husband, Jesus Rivera, made all of his wife's medical decisions while Rivera was under the care of the DeWitt Community Subacute Center in Fresno. A judge granted the Fresno County Public Guardian's Office conservatorship of Janet Rivera in June. A second statement Hadden issued Wednesday said Rivera's family members were supportive of the decision at the time. But Rivera's brother, Michael Dancoff, said Wednesday he was told Rivera would die shortly after life support was removed. He said he doesn't want to watch his sister die of starvation and is now fighting to have her placed back on life support. Guess she didn't die soon enough for them. |
The state assists a family, they usually don't take over health care choice via guardianship unless there is some conflict or abuse. It has nothing to do with value. Futile care is just that futile. |
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Did not know they had such a law in CA. But yes, they would weigh the futility of keeping this poor woman here existing because of ALS. |
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I know of families that divorce a spouse to protect major assets-homes-and to get the state to pay for care of their family when they re financially drained. |
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Joined: Oct 2, 2006
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Forgot the second page :-) The judge said the conservatorship was granted to the Public Guardian's Office because Jesus Rivera "was not able to see that (Janet Rivera's Medi-Cal) benefits had lapsed a year ago and was not able to meet with a surgeon about a surgery that needed to be performed." Hadden said his office reinstated Rivera's Medi-Cal benefits after it took over conservatorship. But in the meantime, he said, the Riveras racked up a $200,000 hospital bill that has yet to be paid. Jesus Rivera could not be reached for comment Wednesday. On Wednesday, Kazanjian said doctors for now must take all actions necessary to preserve Rivera's life, including life-saving surgery. But Deputy County Counsel Heather Kruthers, who is representing the Public Guardian's Office, told the judge that there is a "strong indication" that Rivera is a Jehovah's Witness and therefore would be opposed to any blood transfusions which might be necessary during surgery. Chavez-Ochoa, the attorney for Rivera's cousin, said there was scant evidence Rivera was an active member and that blood transfusions should be conducted if necessary. Kazanjian agreed. Ultimately, even if life support is permanently restored, it's unknown whether Rivera would ever recover from her coma. Hadden said he's sure the woman will remain comatose. Dancoff also has his doubts. "It's hard to say." |
Sounds like the hubby was messing up her health care insurance and not appearing at meetings for surgeries/treatments. Neglect is a good reason for the state to appoint a guardian. |
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AOL
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Most Advanced Directives and Living Wills go into effect when a patient is incapacitated (medical determination) and/or incompetent (legal determination). Most of the time the AD/LW is disclosed when serious illness sets in. However, such documents are sometimes kept hidden, for fear that doctors will "give up" if the documents are revealed. I have seen this. That whole hope issue can obfuscate the scenario. Other times a patient will be brought to the ED for treatment (presumably), only to have the doctors handcuffed by an AD/LW. So why did the patient get taken to the ED in the first place??? Sometimes logic takes a back seat. The typical AD/LW stipulates that certain treatments are to be withheld or withdrawn -- or not -- under conditions of a terminal illness, a condition that is incurable and unlikely to be recovered from, or permanent unconsciousness. The problem is that such stipulations are simultaneously too general and too specific, and therefore of limited utility in actual decision making. Until I try a treatment, I don't know whether you'll respond or not. That is why having a health care surrogate or medical POA is so important. That person can articulate what a person's wishes are under specific circumstances, and when to give up hope. |
Assuming you are speaking of a written instrument it should be self evident that the point of disclosure is more or less left up to the person who drafted the document and how they choose to deal with the document. If they left it with an attorney the responsibility would lie with the attorney. If they locked it in their safety deposit box and didn't discuss it with anyone it might never be disclosed until after death. If you are speaking about oral declarations then it falls to the person who was party to the conversation and their understanding. We know how much people of your mentality love absolutes, extremism or hard and fast rules. We also know how judgmental you are and that dealing in absolutes and extremes makes it easier for you to make negative judgments. Thats why society relies on its courts to examine and resolve disputes. The court provides an unbiased, dispassionate, environment of fact finding, reasoning, logic and truth seeking. The courts publish rules and procedures. If anything was left up to you to decide the result would be anarchy as you flip flopped back and forth, changed the rules and procedures to suit you or applied your radical, impulsive, overly emotional, hate filled, crazy and reactionary POV to every decision. |
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1 Or if the person communicated their wish to a spouse who chose not to disclose the information for 2.5 years after 1.3 years of aggressive therapies, it might be the same as a safety deposit box. |
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