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Who Decides on Healthcare?

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What is the name of your state (only U.S. law)? California

Your question was

We live in California and my question goes to the "rights" of the Healthcare Surrogate. The people involved are my friends. They are not married but have been in a recognized and committed long term relationship.

He is an advanced stage alcoholic, usually abstaining. He relapsed and though I don't know the details of the psychosis,he was hospitalized in the Psych Ward for some time. From there he went to an assisted care facility where he still lives. He is able to come and go as he desires and he likes it there. He is popular amongst the other residents and the staff coddles him. He also has an opportunity to drink every now and then. He is under scrutiny but has developed a relationship with a street wise lady friend who lives there also and she is able to get the booze. The guy has a Neurologist, not associated with the Assisted Care facility, who has also diagnosed him with Dementia. The Neuro doc prescribes meds. There is also a prescribing primary care physician.

His better half, my female friend, has been right by his side throughout the breakdown, etc. When it all began to fall apart, she went to our County Public Guardian and presented his case. Subsequently, he was conservatorized and the county appointed a "payee" (someone who deals with the finances). My girlfriend was made his healthcare representative (maybe POA for Health Care - needs confirmation). She was made to believe that she was given the authority to make his healthcare decisions.

The problem is that the Assisted Care facility treats her like an outsider. I say if she has the POA for Healthcare decisions, or even an advance directive, she has the same legal rights to the healthcare decisions as if she were the patient himself. That means she is entitled to a copy of the medical record. That she has a voice in any care plan that is decided upon. And that .... if she and the health care team DISAGREE on any plan, then if they are not able to come to some agreement, then ultimately it might have to go into a civil court to allow a JUDGE to decide.

Am I correct?

Her "mate" is not aware that she is the one who contacted the County Conservator. Right now, because he has lots of lucid moments (coupled with absolute irresponsibility) he has secured himself an attorney (he operates from the Assisted Care facility) and is challenging the county's right to take away his control of his own finances. He is being supported in this challenge by the Aides in the facility. Meanwhile my girlfriend says she does not think the current medication regimen is working well for him, but nobody wants to listen or talk with her.

Maybe I explained too much but to go back to my question, who is responsible here? Who gets to call the shots for this man's healthcare?What is the name of your state (only U.S. law)?
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? California

Your question was

We live in California and my question goes to the "rights" of the Healthcare Surrogate. The people involved are my friends. They are not married but have been in a recognized and committed long term relationship.

He is an advanced stage alcoholic, usually abstaining. He relapsed and though I don't know the details of the psychosis,he was hospitalized in the Psych Ward for some time. From there he went to an assisted care facility where he still lives. He is able to come and go as he desires and he likes it there. He is popular amongst the other residents and the staff coddles him. He also has an opportunity to drink every now and then. He is under scrutiny but has developed a relationship with a street wise lady friend who lives there also and she is able to get the booze. The guy has a Neurologist, not associated with the Assisted Care facility, who has also diagnosed him with Dementia. The Neuro doc prescribes meds. There is also a prescribing primary care physician.

His better half, my female friend, has been right by his side throughout the breakdown, etc. When it all began to fall apart, she went to our County Public Guardian and presented his case. Subsequently, he was conservatorized and the county appointed a "payee" (someone who deals with the finances). My girlfriend was made his healthcare representative (maybe POA for Health Care - needs confirmation). She was made to believe that she was given the authority to make his healthcare decisions.

The problem is that the Assisted Care facility treats her like an outsider. I say if she has the POA for Healthcare decisions, or even an advance directive, she has the same legal rights to the healthcare decisions as if she were the patient himself. That means she is entitled to a copy of the medical record. That she has a voice in any care plan that is decided upon. And that .... if she and the health care team DISAGREE on any plan, then if they are not able to come to some agreement, then ultimately it might have to go into a civil court to allow a JUDGE to decide.

Am I correct?

Her "mate" is not aware that she is the one who contacted the County Conservator. Right now, because he has lots of lucid moments (coupled with absolute irresponsibility) he has secured himself an attorney (he operates from the Assisted Care facility) and is challenging the county's right to take away his control of his own finances. He is being supported in this challenge by the Aides in the facility. Meanwhile my girlfriend says she does not think the current medication regimen is working well for him, but nobody wants to listen or talk with her.

Maybe I explained too much but to go back to my question, who is responsible here? Who gets to call the shots for this man's healthcare?What is the name of your state (only U.S. law)?
As long as this man is capable of making reasonable decisions regarding his care, he is the one who calls the shots regardless if there is a court appointed health care surrogate.
 
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