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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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After re-reading your response to me Mr., I realized it

Customer Question

After re-reading your response to me Mr. Simmons, I realized it didn't answer the question I was asking. My adult stepchildren are my husband's biological children. They are insisting on being included in any/all aspects of his healthcare - up to and including their presence at any and all medicals appointments, etc. Am I, as his legal wife of 32+ years, legally obligated to bend to their will? My husband and I have been very successfully managing many severe health crises without any input from the children. We do not that to change and are being told we have no choice since he is their biological father. I would appreciate an update to your prior response. Thank you for your assistance.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

Sorry for the confusion. I was under the impression you were asking about step kids...but these are biological kids.

Can you tell me, is your spouse competent?

Customer: replied 1 year ago.
he has mild cognizant impairment, but does not have dementia nor alzhiemers. I was referring to my step kids, his biological kids. He cannot drive because he's on seizure drugs, but other than that, he is completely capable of taking care of himself. We also have power of attorney health documents authorizing each other as the person in control should one of us not be able to make our own decisions. Per these documents, the children only come into play if neither of us have the capability of making decisions for ourselves or each other. This is leading to severe emotional distress for both of us. I would appreciate any insight you could give me. Thanks in advance for your assistance!
P.S. I was billed again for coming back to ask you another question. In the email I received from justanswer.com, it was indicated I wouldn't be charged again if asking an additional question for clarification of the first request. Did I misread the message, or am I to be charged again?
Expert:  P. Simmons replied 1 year ago.

First, there is no charge for follow on questions. ONce we finish here, I will send this to the moderators and ask your deposit be refunded for this question

I have some thoughts and will type them up...a few mins please

Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

I asked about if he was competent since one easy way to address this (a case where different family members attempt to get involved in health care decisions) is with a power of attorney. If he is competent? He can appoint you as his agent via a power of attorney.

But I see that has happened already! That is great. That is, that POA will be your ticket through this mess

While it is true, in general, if there is a person in medical care and they can not make decisions on their own, the hospital/doctor will consult with family including spouse and children...once there is a power of attorney? That trumps. If you are his poa his kids have NO say in his medical care decisions. Period.

Sorry for the confusion on this.

Let me know if you have more questions...and if not, let me know so I can get this question closed and refunded

Customer: replied 1 year ago.
Thank you so very much Mr. Simmons - you have no idea how relieved I am right now!! I believed this was true, but since the attorney who drew our POA up is no longer practicing in this state I didn't know where to go with my question. A friend of mine told me she has used your company's resources before and was very happy with her results - as I certainly am. Thank you again, you have given me all the information I need to put this monumental headache aside!!
Expert:  P. Simmons replied 1 year ago.

Thanks

I will close this now...so I will not be able to answer (they will lock it and issue a refund)

If you ahve more question, you can always go back to the original question you asked.