Legal Guardian
My receptionist announced that Dr. S.Q. Lapius had arrived. I told her to send him in.
Snow was melting on his collar, and when he doffed his astrakhan lamb’s wool
hat that Gumbenich had sent him from
“Don’t tell me I have to
wait till you finish all those insurance forms, Harry. We’ll be here all
night. You know I have a chess match later. Have you forgotten why
I’ve come over?”
“No of
course not, Simon.”
“Well then, where’s her
chart?”
I looked at him blankly.
“Of course you’ve
forgotten. I want to go over the case I sent you today. Dr. Burton’s mother, Jennie Burton.”
“Simon, let me ask you a
question. How did you come to refer that case to me?”
“
“Quite
a case.”
“Interesting?”
“Very.”
”Can you help her?”
“Not a chance.”
“Really? That serious? Goodness, what shall I
tell poor
“Tell him that he should
stop minding his mother’s business.”
“Harry you’re acting
very strangely. You must have had a difficult day.”
“Sure it was
difficult.
“I said, ‘there must be
some mistake, Mrs. Burton, your son the doctor, made the appointment.’”
“’Good, she says, then
examine him. I don’t want no examination. I’m all right.’”
“’But your son says you
are not all right.’”
“’Shows you what kind of
doctor he is,’” she says. Then she picks up the cane again and says, “’if
you touch me I’ll scream.’”
“I figure I better talk
to
“
“’Are you her
guardian?’ I ask him.”
“’No
of course not. I
haven’t declared her legally incompetent. But she is nevertheless.’”
“’You know quite well,
“Well, Harry,” Lapius, said frowning, “of course you were correct.
I’m sorry I got you into that. I didn’t realize what the situation
was. But it seems that once people reach a certain age and develop a
certain level of infirmity, their children assume a guardianship they don’t
legally possess. They reverse the generations.” He paused and
brooded for a moment. “I’ll bet this problem will play havoc in some of
these geriatric hospitals. For example, say that there is an old lady,
senile, with a sudden gall bladder attack. She requires surgery.
The hospital calls the nearest of kin who signs permission for surgery.
There are complications. A son in
“So what’s the answer, Simon.”
“Not all problems have
answers, Harry.”
Comment 2008
About 10 years after this article was
written I had a patient 90 years of age who needed a pacemaker. She was mentally intact, but insecure, and
instructed me to talk to her daughter about the problems she faced. I spoke
with the daughter and explained the problem and the need for the pacemaker, and
how simple a procedure it was. The daughter nodded. I subsequently returned to
the patient requesting that she read the “informed consent” and sign permission for the
pacemaker.. She refused and said her daughter would take care of all these
matters. The daughter refused to sign the documents. During the time that
passed while I was searching for another relative, the patient died. When I
accosted the daughter to demand why she refused permission for her mother to
have a pacemaker she said, “I have been caring for her my entire adult life.
Now I am seventy years old. I need a life too!”