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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Adult brother incapacitated in CA, sister in law refuses

Customer Question

Adult brother incapacitated in CA, sister in law refuses visitation and doctor conversations to his mother to determine if his home care is proper. What are a parent's rights versus a spouse?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. In such a situation, the spouse is counted as the next of kin for medical decisions and control, unless he has a signed document directing someone else to be that person.

As such, I am afraid that she has the authority to make decisions unless he has a document giving that power to someone else. And, she is under no duty to share this information and decisions with anyone else, parent and other siblings included.

If you feel that she is not making proper decisions, there is a way to "fight" her for control in Court. Let me know if you want information about this.

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