Common law marriage and power of attorney

[julius2002]

What is the name of your state (only U.S. law)? California
My uncle lives with a woman, who the rest of the family thought is his wife until recently. They have been living together for over 12 years in California and have a 12-year old son together. Earlier this year, my uncle had a stroke and is now in a nursing home. As far as the family knows, my uncle does not have a will. She is claiming legal responsibility over his health care. Can she do this? If not, who is legally responsible for my uncle? My "aunt" is not listening to the doctors when it comes to his care and distrusts the nurses and other staff. As a result, his health is not improving as it should be. Can my uncle's siblings take control of his care legally? He does have another child who is 20-21 years old.

[TheGeekess]

Common law marriage is not recognized in California.

"First of all, a common law marriage cannot be established in most states. Only Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia, recognize common law marriages. New Hampshire recognizes common law marriages only for the purposes of inheritance. In any other state the only marriage that is recognized as valid is an official one."
[url=http://www.alllaw.com/articles/family/divorce/article61.asp]Is Common Law Marriage an Alternative to the Real Thing?[/url]

Uncle's son is closest kin.