How to proceed if unsure of a spouse’s legal authority for my father’s care?

Personal Injury Law Threads
1

My father is currently in the hospital under ‘comfort care,’ but I’m concerned about his treatment. He cannot speak but can answer yes or no questions, and his wife isn’t communicating with me about his condition. The hospital is unsure if she has legal authority (like a healthcare proxy) for his care, and she hasn’t provided any paperwork showing she’s in charge. I’m unsure how to proceed and what my rights are as his child. Any advice on how to clarify her authority and ensure he’s receiving proper care?

2

You might want to consult with an elder law or family law attorney. They often handle guardianship and decision-making cases and can help clarify your rights and next steps.

3

Drake said:
You might want to consult with an elder law or family law attorney. They often handle guardianship and decision-making cases and can help clarify your rights and next steps.

Thank you. Would they help determine if she has the legal authority over his care?

4

@Bryn
Yes, they can check whether she’s legally in charge and advise you on how to proceed if you have concerns.

5

If the hospital doesn’t have paperwork showing her authority, they should still provide you with general updates. You could also ask about petitioning for guardianship if you feel her decisions aren’t in his best interest.

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@Kai
Good to know. I’ll ask the hospital for clarity on the guardianship process if it comes to that.

7

Bryn said:
@Kai
Good to know. I’ll ask the hospital for clarity on the guardianship process if it comes to that.

Smart move. If he doesn’t have a healthcare proxy, guardianship may be an option for you to ensure proper care.

8

Elder law attorneys in your area, like those listed on Avvo or FindLaw, can guide you through these steps. They can help with both immediate concerns and any long-term planning you might need.

9

Kerry said:
Elder law attorneys in your area, like those listed on Avvo or FindLaw, can guide you through these steps. They can help with both immediate concerns and any long-term planning you might need.

Thanks. I’ll check those sites for local options.

10

@Bryn
Good luck! Hope you find the support you need.

11

Since he’s on comfort care, it’s worth asking the hospital to explain the care plan in detail, especially around his nutrition and other basics.

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Lyle said:
Since he’s on comfort care, it’s worth asking the hospital to explain the care plan in detail, especially around his nutrition and other basics.

Yes, I’ll follow up with them. I want to ensure he’s getting what he needs.

13

@Bryn
Absolutely. Being informed can make a big difference in advocating for him.

14

You may be able to get a brief consultation with an elder law attorney to understand your options. They can help you decide if guardianship or another route is right for you.

15

Dorian said:
You may be able to get a brief consultation with an elder law attorney to understand your options. They can help you decide if guardianship or another route is right for you.

Thanks for the suggestion. I’ll consider reaching out to one for advice.

16

@Bryn
Hope it all goes well. Sending good thoughts your way.