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evanesq
evanesq, Attorney
Category: Legal
Satisfied Customers: 1007
Experience:  20 years of General Practice.
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My fiance was involved in a horrible car accident on Sept.

Customer Question

My fiance was involved in a horrible car accident on Sept. 26, 2015. As of right now, his next of kin is his grandfather in Minnesota that he has not seen in 10 years. His kids are under 18, mother is in a mental institution, and his father is deceased. He is an only child. He suffered a DAI TBI, 3 cervical fractures, a lumbar fracture, and a broken jaw. He is breathing on his own with a trach collar. His mouth is wired shut in 2 places and he has a feeding tube. I have been hearing rumors that the grandfather is being talked into pulling his feeding tube because supposedly, my fiance is not making any progress at all. I have video proof from what he was like to what he is like now. My fiance will respond to me with blinks and squeezing my hand. His brain is conscious. The doctors here refuse to do another EEG to test brain function. My fiance and I spoke about this kind of situation in May when I was on a ventilator and in an induced coma. We both said that as long as we are not brain dead and there is even the slightest chance to recover, that we both wanted to take the chance. I need to do something in order to stop the feeding tube from being removed and from the grandfather making decisions on my fiance behalf. Please help
Submitted: 1 year ago.
Category: Legal
Expert:  evanesq replied 1 year ago.

Good evening, and I'm so sorry to hear of your troubles. Unfortunately, after you recovered from your issues and you had this discussion, you should have both executed a Health Care Proxy, which is a very simple document that says "if I am unable to make my own medical decisions, I want THIS PERSON to make those decisions for me." The forms are readily available at hospitals, and even at Staples, and all it takes is a signature and a notary. Perhaps your fiance executed one and didn't mention it- look around your house.

If you can't produce anything like this, you need to get to an attorney quickly and have him/her file an application to make you the guardian for your fiance. If you've had a relatively long term, stable relationship, coupled with your fiance's lack of readily present family and the lack of relationship he has with his grandfather, I'd say you have a pretty good shot at it. But really, in the absence of a Health Care Proxy, this is the only way.

If you can't afford an attorney, look here: http://www.valegalaid.org/. They offer very low cost, or sometimes free legal services for Virginians. If have some money, but don't know a lawyer, look here for a referral from the bar: http://www.vsb.org/vlrs/.

I hope this was helpful. If you have questions, please respond. If not, kindly rate my service to close this thread. While you may have paid JustAnswer, the experts are not paid until service has been rated.

Kind regards.

Expert:  evanesq replied 1 year ago.

I see you've reviewed my answer, but you haven't responded or submitted a rating.

Again, if you have questions, please respond. If not, kindly rate my service to close this thread. While you may have paid JustAnswer, the experts are not paid until service has been rated.

Kind regards.

Expert:  evanesq replied 1 year ago.

I'm sorry, but is there something else I can help you with? I've taken the time to answer your question as thoroughly as possible. Please take the time to accept and rate the answer so that I can be paid.