If an elderly parent refuses hospital, can the family be charged with neglect?

[PrincessNur]

From my understanding a patient has the right to refuse treatment. However another family member is telling me that if we dont take my father to the hospital by force, police can arrest us or charge us. Is this true? My father said over and over again he does NOT want hospital treatment and would prefer to die in the house. He also said he does NOT want to be examined by any medical physician. we tried many times to convince him, but he is set in his ways and refuses, even tho this foot looks like it being taken over by gangrene....He started to yell and get agitated when we explained to him the severity if he wont go to a hospital...so....is it true if we dont force him to go authorities will charge us with something?

[MPKH, BSN, RN]

There is a big difference between family members being neglectful and a competent man deciding for himself the level of care he wishes to receive.

[PrincessNur]

There is a big difference between family members being neglectful and a competent man deciding for himself the level of care he wishes to receive.

Aha, Thank you very much for making this clear. But will we ever be expected to provide evidence that this is the choice he made?

[adamRn79, BSN, RN]

If he's competent then it's his choice

[Kitiger, RN]

Would he be willing to put his wishes in writing?

[Been there,done that, ASN, RN]

This is NOT a question for nurses.. it is a question for an attorney.

[RiskManager]

If this was happening to me, I would be calling my state Adult Protective Services and asking for a caseworker to be sent out to evaluate my father. This has the advantage of bringing in an expert to determine if he is indeed competent to make these sort of decisions, would show my good faith in trying to obtain care, and if necessary, the caseworker can start the process to have him declared incompetent if their professional opinion so suggests.

[dishes, BSN, RN]

If your father is competent, he should seek legal advice to help him prepare a living will, as well as what steps your family must take if he dies unexpectedly in the home.