Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My father is in the hospital and is conscious. A non family…

Customer Question
My father is in...

My father is in the hospital and is conscious. A non family member submitted a POA. As far as I know my father has can make his own medical decisions. The hospital will not tell me why my father was admitted. I live in Wisconsin and he's in Arizona

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

My father lives in Arizona. What do you mean by paperwork?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My father lives with a woman who does not cooperate with family members. I would think she is the one on the POA. My father agrees with her on everything and will not let his own children be involved in his affairs.

Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
12/21/2017
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 4 months ago

I am sorry to hear of your father's declining health and the situation with the third party. What is your question please?

Ask Your Own Family Law Question
Customer reply replied 4 months ago
If my father is capable of making his medical decisions and is alert right now, shouldn't the hospital be able to tell family members why he is there and his diagnosis?
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Under HIPPA 45 CFR 164.510(b), the hospital may make authorized disclosures (authorized by the patient). If the patient is not conscious they may make disclosures to family members.

A POA can be applicable if the person is not of sound mind - so for example if they are experiencing physical or mental issues that prevent them from understanding their situation.

A POA may also authorize a third party to act on behalf of the principal even if they are not incapacitated;

it depends on the terms of the POA.

If the individual is not capable of making their own decisions (which the medical provider may have determined if they accepted a POA covering this) then a family member may seek a guardianship of the adult and that would take precedence over a POA;

please see:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/Forms/ProbateCases/prob_pbga1.asp

Questions?

Post here please

No further questions?

kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello Again;

If you have any questions on the above please post by this evening so I can respond tomorrow morning; otherise I will be out of the office for a few days; of course upon my return you can also follow up then.

Enjoy your holidays, and thank you!

If no further questions kindly rate positively but if questions remain, ask away!

Ask Your Own Family Law Question
Customer reply replied 4 months ago
can I ask another question?
Family Lawyer: LegalGems, Lawyer replied 4 months ago
If it's a followup question on the above it is permitted to post here. Otherwise a new question must be posted in a new thread.
Ask Your Own Family Law Question
Customer reply replied 4 months ago
positive rating
Customer reply replied 4 months ago
excellent rating
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Supportive decision making vs. guardianship. Can a prove to
Supportive decision making vs. guardianship. Can a ward prove to the court that he or she no longer requires guardianship? Or, if it's not established that the ward can make decisions independently, d… read more
Sean K
Sean K
Attorney/Member
JD
441 satisfied customers
I need to find the guardianship case number for my disabled
I need to find the guardianship case number ***** my disabled son's guardianship … read more
Bill Attorney
Bill Attorney
law
2,032 satisfied customers
My parents took guardianship over me back when I was 18
My parents took guardianship over me back when I was 18 because I used to run away from home and attempted killing myself the last time I ran away. I am now 23 almost 24 and my parents say they still … read more
Sean K
Sean K
Attorney/Member
JD
441 satisfied customers
A friend filed and took temporary guardianship of my child
A friend filed and took temporary guardianship of my child when my child decided to leave home and now my child wants to come home can I just take her home or how do I terminate temporary guardianship… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My friends Parnets have guardianship of her kids but they
My friends Parnets have guardianship of her kids but they are retiring and are asking me to take guardianship of them. I'm willing but what needs to be done. … read more
Sue
Sue
Juris Doctorate
386 satisfied customers
In thinking of giving my mother in law legal guardianship
Hello, in thinking of giving my mother in law legal guardianship rights so she can take care of medical and school needs, do I have to worry about my parental rights or could the guardian keep me from… read more
Sue
Sue
Juris Doctorate
386 satisfied customers
I need questions to ask a lawyer on guardianship and power
I need questions to ask a lawyer on guardianship and power of attorney. one out of 5 siblings took it abound herself to get power of attorney alone though mother had requested 2 also took the deed to … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter wants to grant temporary custody or guardianship
My daughter wants to grant temporary custody or guardianship of her kids to her mother … read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
I have legal guardianship permanent guardianship over my two
I have legal guardianship permanent guardianship over my two granddaughters their dad has not paid any support neither has their mother and now my son is asking me to forgive the debt is that possible… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
173 satisfied customers
Can a person under guardianship sign contracts or get
Can a person under guardianship sign contracts or get married?? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
My friend is pending trial for a guardianship hearing where
Hi there, So my friend is pending trial for a guardianship hearing where the paternal and maternal grandparents are fighting for custody. At the moment, the maternal grandmother has temporary custody.… read more
lawyerJ
lawyerJ
Juris Doctorate
163 satisfied customers
I filled a motion to terminate guardianship because i no
I filled a motion to terminate guardianship because i no longer need my brother to care for my daughter. My attorney withdrew from my case 2 days before my hearing die to "conflict of interest", he ap… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
300 satisfied customers
I gave temporary guardianship to a friend and i been to
I gave temporary guardianship to a friend and i been to court before trying to terminate but the judgw denied it because the other party took a pic of my brother in a playground area who is a sex offe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
If a guardianship petition has been filed but a hearing has
if a guardianship petition has been filed but a hearing has not yet occurred does a parent need to file anything to withdraw his or her signature … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I need to establish a legal guardianship for my mentally
I need to establish a legal guardianship for my mentally affected adult daughter. … read more
Damien Bosco
Damien Bosco
4,165 satisfied customers
We are Paternal grandparents with Guardianship of 3 minor
We are Paternal grandparents with Guardianship of 3 minor children due to drug use of both parents. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to get durable power of attorney or guardianship of
I need to get durable power of attorney or guardianship of my dad he is 59 yes of age band unable to make his own decisions due to having several strokes he is a retired vet branch army also a medal o… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
807 satisfied customers
In the State of SD if the grandmother has guardianship of a
in the State of SD if the grandmother has guardianship of a child and the parent has visitation, does the stepparent continue her visitation or does the parent visitation supersede the step parent? … read more
LegalGems
LegalGems
Lawyer
12,570 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x