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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I took my husband to check himself into a stat hospital 3 weeks ago. Witho

Customer Question

I took my husband to check himself into a stat hospital for depression 3 weeks ago. Without thinking I failed to have him sign a Hippa form upon admission. His illness has gotten worse he has refusing treatment, phone contact & visitation from from anyone. The facility both doctors & social worker says they cannot talk to me about his case.
We have been married 21 years how long can the keep him and is there anything I can do to be involved or at least find out he's alright.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years 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.
Unfortunately, without the HIPAA form, the only thing you can do now is go to court and file a petition for guardianship based on him being unable to care for his own affairs in the probate court. You would qualify to be his guardian, but it will require you to get a local attorney because the court will require an attorney to be involved to make sure your husband's rights are protective.
You do not have to only prove he is mentally incompetent in court, you could also prove he is simply just not able to manage and care for his own affairs to get the guardianship and that would allow you to manage his affairs and access his records.