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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15678
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My boyfriend (who was living with me) had a severe stroke.

Resolved Question:

My boyfriend (who was living with me) had a severe stroke. He was in a coma and unable to make his own decisions so his mother assumed medical power of attorney. He is still in the hospital but the neurologist said he is not cognitively impaired. He still has a trachea in and is unable to move his arms and legs as well. Although he can't talk yet, he can effectively communicate by using eye recognition and shaking his head no and he looks up for yes. He also can spell out one letter at a time whole paragraphs utilizing an alphabet chart. His mother decided against his will that I can only visit him on Tuesdays after 5pm and on Saturdays until 1pm. This decision was based on her not liking me..not on how my boyfriend feels or what he wants. Does she have the legal right to keep me from seeing him when he is able to express that he wants me there?
Submitted: 1 year ago via ExpertLaw.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

This is an unfortunate situation,

WALLSTREETLAW :

at this point the hospital will try to protect themselves and follow the medical power of attorney given to the mother, as you have no legal relationship, however you can go to Court and apply for guardianship, by doing this

WALLSTREETLAW :

you can have a Court officer investigate the matter, and force the Hospital to allow you access and the Court can even appoint you guardian of him, so you can handle his medical issues.

WALLSTREETLAW :

You can look at the link above to provide you the way to file the petition in OH,

WALLSTREETLAW :

it is important for you to obtain legal rights to take care of him.

Customer:

Another thing that I'm unsure of how to handle regarding this matter is that he and I reside in MI but he formerly lived in Ohio and worked there. She filed for Medicaid and medicare on his behalf in the state of Ohio and told me not to say that he was living with me in MI. So, would I go to the courts in Ohio or in MI?

WALLSTREETLAW :

You would need to file in MI, as that is the place of residence, it should have no bearing on his federal benefits,

WALLSTREETLAW :

The Court only has rights over its own residents,

Customer:

And if I don't do this...even though he is able to communicate his wishes and is not cognitively impaired, the hospital can keep me from seeing him just based on what her own personal wishes are?

WALLSTREETLAW :

If you do not do this, it will be difficult until he can verbally communicate his desires, the problem is that the only way to force the hospital to take action would be a lawsuit, if he can use a chart now, and his mother is not following his wishes, you can also go to the Court and have her removed for not allowing him to see you.

Customer:

Ok. Thank you.

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, thank you

Customer:

Thanks

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15678
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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