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Do you need a living will?

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    Peter Johnson, Jr. weighs in

  • Duration 3:27
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We first told you yesterday about the story of a California woman 87 years old who was refused CPR -- -- Stafford -- nursing facility due to their strict policies here is the 911 call.

Get irritated about not enough okay -- I'm looking for a yellow and did it hit it I didn't have a lot of you have got to pocket passer by anybody they can if CPR it from the -- -- everything -- got a letter if it's human being I don't.

You know -- -- -- We're going to help the lady -- letter.

I'm not at this time.

Well that 87 year old woman did die and the retirement home is standing by the nurse saying she followed their policy so if you have a loved one at a facility like this.

What questions should you be asking right now.

Fox News legal analyst Peter Johnson junior joins us again today don't.

Good morning Steve I think one of the things we need to understand every American needs to understand is that in some ways these homes are kind of the sinkhole of federal and state regulation.

There is less regulation -- we really.

Believe 36000.

Assisted.

A living facilities in the United States only two thirds of the states require the staff.

To know CPR.

Only one half require a doctor to be on the staff -- every -- only a few of the states require the medical director.

To be a position so there are certain questions that you need to ask all right -- -- facility before you put your loved one.

In the hands of that facility so let's go one by one all right read the contract carefully.

See what the contract says what's the actual level of care is an assisted living facility is -- an independent living facility.

As we see here we -- basically on your own or is -- a full blown.

Senior citizens home number two -- facility provide trained first responders or only wait.

Until help arrives the policy here the Glenwood gardens was they would only wait.

Until help arrived even though the nurse a licensed nurse in the state of California had the capacity ability to do what she said our policy is we're not going to do it.

And so for seven minutes.

This woman -- until the ambulance came and the fire department came and she was -- list and breathless right and unfortunately basically dead.

Third thing is will the facility perform CPR or use an eight ED a defibrillator one of those boxes that -- -- automatic you put on the person that says you know -- not shock jocks or will they use it.

This strange thing is that there's more work caseload the United States and you're talking about litigation earlier.

That there may not be an obligation to use that just a different lady even if it's on the premise real quickly the number yeah.

Emailed question yesterday was was there a DNR I do not resuscitate -- all reports indicate there's not a here based upon the ambulance report the fire department -- there was no.

DNR meaning that all extraordinary measures were supposed to be used for 87 year old -- Bayless.

Who lost her life after lying on the ground seven minutes without any help.

From this the assisted living facility when you know Peter you've got some great points -- people who have family members in a system -- -- passing and demanded if you want your loved one to live after an event like this.

You let them know all right I think a lot of people are going to be an absolute wrong -- -- -- 9 this morning that fluid in the C.

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