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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110580
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Friend in hospital. Son is signing proceedures. Is blocking

Customer Question

Friend in hospital. Son is signing for medical proceedures. Is blocking all visitation to mom even though she wants it. Son is not POA or HCPOA. Is this legal? Is making decisions not in best interest of mom. Hospital is accommodating his behavior
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. Due to the hospital accommodating son he is now acting like POA. Has removed funiture from mom's home stating he is to sell it. No legal claim to house
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: Son filed defamatory APS report against mom. Concern is that hospital has been working under assumption that he is POA fostering this exploitation. APS report on son and police report 5/26/16
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the son is not POA or Guardian, he does not have the right to block the legally married spouse from visitation. However, if he filed an APS complaint, they have the right to step in and block the visitation.
Unfortunately, to change this you would need to go to the court and get a court ordered guardianship over friend for the spouse and this way she can dictate what happens at the hospital. Because the hospital is acting this way, even without the son having POA, the only way to fight it is through her going to court to get a court order of guardianship over the husband and that would force the hospital to allow her to make decisions.
Customer: replied 5 months ago.
Patient is not married. Two friends are her support. Son does not want others around so he can continue exploitation
Customer: replied 5 months ago.
Hospital aware of exploitation.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

Unfortunately, the answer would still be the same, if they have proof he is exploiting her, then they need to go to court and still seek guardianship or at least ask for the state to appoint an independent guardian to protect her from the son.

Customer: replied 5 months ago.
What about friends visiting?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
That is up to the hospital and her son as closest relative to make the determination. If the hospital allows him as closest relative to make that decision then the friends can be blocked unless someone gets a guardianship over her to protect her from abuse from the son.

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