Question #74

My brother suffered eight strokes in four days. His named “proxy” did not, according to his wishes, take him off of life support. Thirty-six hours after the doctor recommended discontinuing life support, he started to breathe somewhat on his own. His lungs were so damaged they then had to do a “trach” The Dr’s prognosis later became my brother’s reality. Since August 25, he cannot speak, swallow, chew, or smile. He is blind in his right eye & almost totally blind in his left. He is fed through a tube in his side, has a foley catheter; his diapers changed like a baby. Those who cannot swallow have to be suctioned 24/7 because saliva & mucous build up quickly. His trach also has continuous oxygen. He was in the hospital from August 24 to November 22 & then went to a skilled nursing facility where remains as I write this narrative. On December 6, this girlfriend took a JP to Deaconess nursing home & married my brother. 36 hours before this, the attending physician gave an evaluation of my brother’s condition. They felt that not only was he so physically compromised & would not improve, that he was also mentally compromised – they thought he was getting confused – he nodded “yes” when he meant “no.” The “proxy attended this meeting”, my mother, brother, My ailing brother’s daughter, her husband, the attending physician, nursing coordinator, & social worker. My brother also gets pain medication every four hours. My question is – due to his physical & mental condition & his taking strong pain medication, would that marriage be considered valid?. If it is valid, can it be annulled?. This “proxy” is evil, has done nothing to benefit my brother & continues to subject him to what she wants. His suffering cannot be described & our family is devastated. He never wanted to live as his father did after his stroked – our father had an enormous amount of quality in his last 4 1/2 years – my brother has none. Please help!