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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife is in a dementia facility, and has been diagnosed

Customer Question

My wife is in a dementia facility, and has been diagnosed with dementia. Today social services visited her and its my opinion that someone made a report. What are my rights as the care giver and spouse to find out what is happening.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

You certainly have a right to talk to the doctors and ask what is going on, but you wouldn't have a right to her medical records without some type of authorization - - like a power of attorney or court-ordered guardianship/conservatorship.

If your wife has dementia, she likely can't sign a POA (because it require mental competency), so you'd be left with getting appointed as her legal guardian/conservator through a court order.

This really may not be a bad thing to do in general if she does suffer from dementia......it's likely that you'll need this for personal and medical issues going forward.

Customer: replied 1 year ago.
I have had durable power since 2006. That is not the question. She had a visit from Adult Protective Services, Los Angeles. Do I have a right to know why and what is going on as it is my feeling they would not be there if someone had not made the request.
Expert:  Roger replied 1 year ago.

Yes, as her spouse, you have a right to know what is going on. But, if you want medical records or reports, you'll need to use your POA to make that request.

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