When parents become elderly there is almost a reversal of roles, because their children have to take care of them, especially when they are ill. It is not only a moral duty, but also a legal obligation. Yet, very often parents they refuse treatment and therapyusually because they fear losing theirindependence and dignity, placing children in a complex situation to say the least. Here’s what you can do according to the law.
Elderly parents refuse care and therapy: what to do
What happens if parents refuse treatment and therapy?
Anyone who has elderly parents will have witnessed the refusal of assistanceeven when provided by family members or children themselves. The reasons are many and then influenced by the state of health of the parents, some conditions contribute to confusionto instability and even aggression, making the moment of treatment hell.
The most serious consequence is certainly that relating to worsening of the state of health of parents who instead need medical therapies and of take medicines. Even in clinically healthy subjects, however, refusal of assistance can occur with harmful outcomes. Think, for example, of those who have mobility difficulties due toold age and doesn’t want help with daily chores.
The latter can become extremely dangerous if parents do not have full physical or mental capabilities and can cause accidents. On the other hand, it also happens that parents are simply unable to provide for it, thus suffering various inconveniences (being left without spending money, in a dirty house and so on).
In the background, but not to be underestimated, there are the criminal consequences for the children. The crime of abandonment of an incompetent personin fact, it presupposes the incapacity of the victim and therefore the nullity of his refusal to receive assistance. Even when parents are capable of understanding and wanting, however, things are not simple.
Children who do not provide them with care and assistance, even by virtue of the refusal, can be accused of the crime of violation of family support obligations. In short, we need to make sure that parents are well and cared for, regardless of their wishes in the matter.
Can children force parents to take care of themselves?
Given that children can be accused of two crimes if they do not take care of their elderly parents, one might think that they are entitled to force them to take care of themselvestake medicines and accept treatments and therapies. Nothing could be more wrong, indeed even in this case there are various types of crime (such as violence, threats or mistreatment).
It’s not even conceivable to get one issued written statement in which parents refuse treatment because they wouldn’t have it no value of exemption (even less if the parents are incapable).
Without a doubt, the first solution is to try to have a dialogue with parents and explain to them what they need for their health, meeting all non-harmful requests and without limiting their autonomy (when possible). In this process you need to be assisted by health workers and doctorsto know what the needs and solutions actually are.
Health care is fundamental, as is psychological support, especially to understand which attitude to adopt and which treatments cannot be compromised on.
What to do if parents refuse assistance
If the parents continue to refuse treatment, all that remains is to take legal action by asking the judge appointment of a support administrator. Mainly, it is thus possible to protect one’s parents, since the support administrator will be able – within the limits of the law – to decide on their behalf, even forcibly hospitalizing them in a suitable healthcare facility.
Secondly, the children thus fulfill their legal obligations while protecting themselves from possible criminal implications, which are anything but light. This does not, however, exempt frommaterial assistance towards the parent (in case he refuses that morality or the children are not available in this sense). It is the judge who foresees a maintenance allowancetaking into account the needs of the parents and the economic possibilities of the children.
Obviously, there will be no appointment of a support administrator if the parents are fully capable of looking after their own interests. However, the obligation to pay them remains foods if they are in need, also useful for independently providing for their own care and therapy.
Unfortunately, if parents refuse medical treatment but they are fully capable of understanding and wanting there is no legal solution to the rescue. You can only try to convince them and stay close to them.
2024-01-09 20:38:00
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