Lack of medical documents leads to debate over loved one's life sustaining care
TYLER, TX (KLTV) - For the next two months, an East Texas couple holds on to the right to care for their adult son.
Jonathan Michel was hospitalized in June with a near-fatal brain bleed. It left him partially paralyzed and dependent on life support.
"It was a Sunday in Africa. It happened on Saturday, and on Sunday I got the call to come home," says Karen Michel, Jonathan's mother. "I knew it was severe. I knew I probably would not make it home in time."
His parents say it all started as a prank between friends. Someone pulled the leg of Jonathan's chair out from beneath him one night in June, he hit his head as he fell.
For weeks, his parents fought to keep Jonathan's estranged wife from having him removed from life support.
"I got a text from my sister that his estranged wife was at the hospital and trying to terminate, or to pull the plug," says Karen. "I was completely shocked, blown away."
According to both sides, it's been three years since Jonathan and his wife Jackie Dalton separated, but they never divorced. Dalton tells us although they are no longer together, she still believes she knows Jonathan best and is just "trying to honor his wishes."
Family law attorney Alicia Barkley says in these situations the person responsible for making medical decisions can vary if a person does not have a medical power of attorney on file. In this case Jonathan does not—prompting a debate between loved ones.
"I think the presumption is that the spouse is going to make those decisions," says Barkley. "But I think there are always circumstances that can override that."
Wren Michel, Jonathan's father, describes the moment the debate began heating up.
"I don't know what I was supposed to do. Just stand there? And say, 'okay you can unplug him?'" Wren asks. "I stood in front of the door, and said 'if you want to unplug him, you're going to have to go through me, too, because I'm not going to leave here alive.'"
The issue went to the ethics board at UT Health East Texas, and the board decided that as long as Jonathan was making progress, his care would continue.
Since the board's decision, Jonathan's recovery has been slow. He was recently taken off of life support, but still relies on machines to help him breathe. Even so, it's a recovery that almost never happened.
"I think a person has a right to life," says Wren. "I don't think a person that's functioning should be pulled the plug on."
Jonathan's wife maintained that living in his condition is not what he would want. It's a back and forth debate that Barkley says could have been avoided.
"The very best thing that you can do is have those documents in place already," says Barkley. "Most important is probably your will."
Barkley says in addition, having a medical power of attorney and directive to physicians is a must.
"Having those documents in place will help your family not have to make those difficult decisions," says Barkley.
Jonathan's case goes before a judge again in about two months.
If he's not well enough by then to make his own legal decisions, the judge will decide custody again.
Karen and Wren Michel say they hope their story will inspire change when it comes to a patient's power of attorney.
Copyright 2018 KLTV. All rights reserved.
