Responsibility for medical bills, patient incapacitated to make sound decision

[memento1984]

Jurisdiction

Ohio

Case in Ohio. Patient advised to do an open heart surgery to repair mitral valve. Doctor referred to check if insurance will cover "elective" surgery like that. Patient does not have a current insurance. Psychiatric evaluation makes the person incapacitated (there is a full contact with the patient, patient refuses to do it). They say the family/daughter/mother can make the decision about the surgery. who will be responsible for medical bills legally ? Is the signature to do this elective surgery legally binding for a family member signing it ? Will he be on the hook for all medical bills ? if this question is supposed to be in a different forum section, please let me know!
thanks in advance,
B

 

[adjusterjack]

Might as well just keep it here as we all read all the boards anyway.

They say the family/daughter/mother can make the decision about the surgery.

Who is "they"?

I ask because "they" are likely to be wrong as those who make medical decisions for a person generally have to be court appointed guardians or conservators or, in the case of medical treatment already in progress, have a medical power of attorney. See how complicated this gets. Somebody should be talking to a lawyer.

patient refuses to do it

Do what? Have the surgery? That's certainly his prerogative.

who will be responsible for medical bills legally ?

Whoever signs his or her name to the admissions papers where it says who will be responsible for payment.

Is the signature to do this elective surgery legally binding for a family member signing it ?

Heck yes. That piece of paper is called a contract. It will bind whoever signs it.

Will he be on the hook for all medical bills ?

"He" who? The patient? Yes. The "signer"? Yes.

The medical provider may look to the patient first, the signer second, or both at the same time, or just the signer if it's obvious that the patient has no money or is judgment proof.

 

[army judge]

They say the family/daughter/mother can make the decision about the surgery. who will be responsible for medical bills legally ?

Never make any decision based on what people tell you.

People lie and manipulate innocent, unsuspecting people to do what the liar/manipulator wants done.

That said, unless the person in need of medical care is YOUR minor child, YOUR legal spouse, or you hold ADULT GUARDIANSHIP papers for an adult relative, you are better off NOT signing anything.

In fact, if there is or will be monies owed or owing, I never sign anything unless it is for me or my wife.

If its elective surgery, the patient can make the decision.

If the patient has NOT been adjudicated as mentally incompetent, I wouldn't agree to or sign anything.

If the person has been declared mentally incompetent, same advice, don't sign or agree to anything.

Is the signature to do this elective surgery legally binding for a family member signing it ?

Whoever is DUMB enough to sign for another adult is probably going to be on the hook for SOMETHING.

AGAIN, I don't sign anything except things for me or my spouse.

I hold a general power of attorney for her, and she has one for me.

Don't get deeply involved in the financial affairs of ADULTS.

Why?

You'll get screwed 99% of the time.

Will he be on the hook for all medical bills ?

AGAIN, the person receiving the services is responsible for repaying for those services.

If that ain't you, you shouldn't be signing, nor should you bee this deeply involved.

Be careful, someone is about to get fleeced.

 

[army judge]

Over and over and over, I'll be a fool for you

 

[memento1984]

Patient was admitted to ER against her will, her condition was so bad, that she was taken from her home by a police and EMS. In the ER they stabilized and moved to a general hospital ward. She was mentally confused, they had to give her medication by force, asking family members verbally if they can do it. She got much better after couple days. She is herself but refuses to get the surgery.

"They" are the psychiatric doctors. They make it sound as if they can make that judgement (on the spot, as funny as it sounds, against her, making a point that she cannot make sound medical decisions) and then it is up to family members (whoever next of kin) to decide. Haven't seen any papers but assume some would be involved.
The doctor made it abundantly clear, that we have to contact insurance to see if they will cover elective surgery (yes, he used word elective), ICU and recovery. it is a bad heart condition, that will not recover or get better. Also it is not certain that she will drop dead right away, although the medical picture is not good at all. As far as we know, there will be no insurance to cover.

 

[adjusterjack]

The doctor made it abundantly clear, that we have to contact insurance to see if they will cover elective surgery (yes, he used word elective),

Yes, it could be elective. Any surgery is "elective" if you know about it in advance and have a choice.

But it could also be medically necessary which is how insurance coverage will be determined.

As far as we know, there will be no insurance to cover.

Then maybe you should get the person signed up with Medicaid.

 

[army judge]

If a person has a heart attack, or any medical emergency and has no insurance.

He or she will be treated.

It's these ELECTIVE surgeries that end up costing someone something.

If its not for you, stay out if it.