Doctors v. Patient’s Wife: Health Care Directive Gone Wrong

Over the past few weeks, the wrenching court battle over the care of 85-year-old Al Barnes has made headlines in Minneapolis several times. In 1993, Al Barnes (now 85) signed a health care declaration appointing his wife, Lana Barnes (now 56), as his guardian. He has been in a vegetative state for a few years.  Lana has taken him to eight hospitals in the past ten months, trying to find a doctor she agrees with and who won’t give up on Al.

Al’s diagnoses include renal failure, dementia, end-stage respiratory distress, among other maladies. Lana thinks he only has swelling in his brain and that he could recover if doctors treat his infections and give him dialysis. Doctors that have treated Al suggest that Lana has a “fixed delusion” that her husband’s dementia and other conditions are reversible.

A doctor at Methodist Hospital in St. Louis Park brought this case to court, seeking a substitute decision-maker for Al’s medical care. The judge appointed Alternate Decision Makers to temporarily make decisions regarding Al’s care.

Most recently, Lana made a startling admission in court, changing the direction of the case entirely. When she admitted Al to Methodist Hospital, she eliminated two pages of Al’s health care directive that specified he didn’t want to be kept alive by feeding tubes or respirators – both of which he is currently connected to. A health care directive signed by Al in 1994 that appoints one of his sons as his guardian also recently surfaced. Lana could face criminal charges and lawsuits for her actions.

People involved with the case say that people shouldn’t take this case as a sign that a doctor’s opinion will take precedent over someone designated as a decision-maker in a health care directive. Substantial weight is given to written directives, but this case involves a decision-maker who may not be competent to make these decisions and is not acting in her husband’s best interest.

See Jeremy Olson, Wrenching Court Case: Doctors vs. Patient’s Wife, Star Tribune, Jan. 19, 2011; Jeremy Olson, Case Raises Agonizing End-of-Life Questions, Star Tribune, Jan. 31, 2011; Jeremy Olson, Wife’s Surprise Shakes Barnes Case, Star Tribune, Feb. 2, 2011.

Special thanks to James D. Lamm (Attorney at Law, Minneapolis, MN) for bringing this to my attention.