"Mary" is a 99 years young woman who was exposed to second hand smoke at her daughters home by her daughter's 72 yr old chain smoking husband. There came a day when Mary was taken to a long term care facility to live and in a very short while afterward she was rushed to the ER with a serious cough. Mary was stabilized and went back to the long term care facility. This past Dec 27th it was discovered yet another daughter had the medical proxy signed by Mary and it was her decision to return Mary back to the home of the chain smoker! Mary's third daughter Barbara strenuously objected to this before Judge Margaret Mary McVeigh and a stay was ordered by the court because there was no discharge plan among other issues. Upon the second hearing of the matter the court ordered Mary to be placed back in to the home of the chain smoker and his stroke survivor wife who suffers from a type of diabetes that has sent her in to a coma in the past? While the court directed no smoking in the home, there is no enforcement provision, such as cigarette smoke detectors that report by email and signal detected of smoking in the home, nor is there any remedy in the order if the life long chain smoker exposes a frail lady to his smoking, and it is a matter of time before he does, he is that stubborn having said 'no one tells me not to smoke in my own home!" Petitioner and dutiful loving daughter Barbara has appealed, and the appeal was declined by the appellate court, Mary has been placed right back where she came from with no protections whatsoever from the chain smoker.