Estate Planning

Navigating Disagreements over a Parent’s Health Care in Indiana

Navigating Disagreements over a Parent’s Health Care in Indiana

It can be difficult to watch a parent age and lose the ability to make independent decisions. These challenges can be exacerbated when siblings disagree on how to manage a parent’s health care. When adult children have differing opinions about what is best for an elderly parent who cannot advocate for himself, disagreements can quickly escalate. To offer guidance, the Indianapolis attorneys at Frank & Kraft discuss navigating disagreements over a parent’s medical care in Indiana. To offer guidance, the Indianapolis attorneys at

Frank & Kraft

discuss navigating disagreements over a parent’s medical care in Indiana.

Changing Family Roles and the Burden of Decision-Making

During your childhood, your parents were the ones making decisions, offering support, and providing structure. As you grew older and became more independent, these roles shifted. A parent’s declining mental or physical health has caused a reversal. You and your siblings will have to make important decisions about the well-being of your parents. Even though you and your family may feel strongly about the responsibility, they may not always agree as to what steps should be taken. Different opinions about treatment options or long-term care placement can lead to emotional disputes. This scenario is not unusual. Someone must step in when an aging parent is no longer able to communicate or understand their medical wishes. If siblings hold conflicting views and cannot resolve their disagreements, the path forward depends greatly on whether the parent planned ahead for this possibility.

The Importance of an Advance Directive

Conflicts over a parent’s medical care can be avoided if the parent created an advance directive before losing capacity. This document allows your parent in Indiana to designate a Health care Representative. This person has the authority to make decisions about your parent’s medical care if they become incapacitated. If the directive is valid, then the Representative has the legal authority to make decisions about treatment plans, hospitalizations, medications, and end of life care. Even if family members do not agree with the Representative’s decisions, their role is legally recognized, helping to reduce the chance of prolonged disputes.

When No Advance Directive Exists

If your parent never executed an advance directive, conflicts can become more difficult to manage. Families may benefit from outside support in such cases. A therapist who is familiar with the dynamics of older families can help siblings communicate better and find common ground. A geriatric care coordinator, who is often a social worker or nurse trained in senior care planning can also help you evaluate your parent’s condition and create a professional plan of care. These experts can offer objective advice and help bring the family together around a practical approach. A mediator can facilitate a family meeting. Hearing each person’s concerns can sometimes lead to compromise. Legal Guardianship as the Last Resort

If you and your family are at a standstill, and your parent is clearly unable to make decisions, it may be necessary to seek a solution through the Indiana courts. In Indiana, the process is called guardianship and not conservatorship. You can petition to be appointed legal guardian of your parents. You would then have the legal authority to make personal and medical decisions on behalf of your parents. Guardianship is an important step. Guardianship is a serious step that requires court involvement. It usually includes medical evaluations, and notification to other parties including your siblings. Join us for a FREE seminar to learn more about how we can help you navigate disagreements over a parent’s medical care in Indiana. For more information, please join us for an upcoming FREE seminar.

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