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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6072
Experience:  20 years experience as a civil trial and appellate lawyer
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My same partner is in rehab inCalidornia and they won't

Customer Question

My same sexy partner is in rehab inCalidornia and they won't let me talk to her or see her because we are not officially married. If she signs a power of attorney over to me can I see and talk to her?
Submitted: 10 months ago.
Category: Legal
Expert:  Maverick replied 10 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….1. What is the name of the rehab facility and why is she there?
Customer: replied 10 months ago.
New Found Life ... Alcohol addiction
Expert:  Maverick replied 10 months ago.
Is she there by court order or voluntarily?
Customer: replied 10 months ago.
Expert:  Maverick replied 10 months ago.
If she is there by her own will, then there should be nothing stopping her from leaving the facility if they will not allow you to visit her. However, I suspect that as part of the program she may have signed something that says that she cannot have visitors during the treatment. I looked on their website but did not find that level of detail. A power of attorney will give the rights to take care of business on her behalf while she is undergoing treatment; but it will not grant you visitation rights. Those are either up to her or are the rules she agreed to abide by while undergoing treatment.
Expert:  Maverick replied 10 months ago.
See answer above. Also, New Found Life’s has a legal duty to protect her privacy and confidentiality as is mandated by Federal HIPAA regulations. Your partner may need to sign a HIPAA release form and include you on it. This may solve the problem.
Customer: replied 10 months ago.
They are allowing her visitors from immediate family, sister mom, children and even her ex husband.
Customer: replied 10 months ago.
How do I get an HIPAA form to her?
Customer: replied 10 months ago.
I found it on line. Can I email the administrator and ask him to forward to her?
Expert:  Maverick replied 10 months ago.
She filled one out when she was admitted there but if she did not list you as a person with whom the facility could share her medical info, then this is where the problem is.
Customer: replied 10 months ago.
No the problem is they are saying iOS policy that she can only see and speak to immediate family members.
Customer: replied 10 months ago.
Delete iOS... I meant their policy is
Customer: replied 10 months ago.
Because we are not legally married
Expert:  Maverick replied 10 months ago.
Okay, then the answer I gave you before applies. She is there voluntarily and in order to be admitted there she agreed to abide by their policies, terms, and conditions. This is your partner's choice or else she has the option to leave the facility so she can see you.
Customer: replied 10 months ago.
Can she leave temporarily or
Would it have to be permanent?
Expert:  Maverick replied 10 months ago.
She would need to check with the policies that the facility has adopted as a condition for her being admitted. Some facilities allow for a few days out of the facility during treatment; others do not.
Customer: replied 10 months ago.
Ok thanks so much. And would the release HIPPA form still be an option?
Expert:  Maverick replied 10 months ago.
The release HIPPA was just one potential problem; but the underlying problem is that your partner has checked into a facility that has certain rules which she agreed to abide by. She could try to look for another facility that does not have this "immediate family members" only restriction.