Denied Hospital Visitation, Fiancée Unresponsive

[jm4466]

What is the name of your state?California

 

[jm4466]

My fiancée and I have lived together for over 3 years. We do not have a signed Domestic Partnership. 2 months ago she unexpectedly slipped into a coma.

Her father, who she had a very strained relationship with, now suddenly has POA pertaining to her medical decisions.

The hospital is also allowing him to dictate who can visit his daughter. I am on the excluded list. I have not seen her for almost 2 months.

Since she is unresponsive, she cannot express her wishes. I have contacted the California Department of Public Health.
They said they cannot enforce visitation.

I am going crazy. The love of my life is fighting for her life and I above anyone else should be there with her.

I need advice and help if there are any attorneys nearby Hollywood, Ca.

Hoping for pro bono if anyone has the kindness to help. Thank You!

 

[cbg]

I'm sorry for your situation.

This is not an attorney referral service and reputable attorneys do not troll message boards looking for clients. You can contact the state bar association, your local Legal Aide, or any law schools in your area for referrals.

 

[zddoodah]

There isn't anything that anyone here can do for you.

I'd suggest reaching out to the Los Angeles County Bar Association. One of the local law schools (USC, UCLA, Loyola, Southwestern, Pepperdine) might have a clinic that could be of assistance.

 

[Zigner]

Her father, who she had a very strained relationship with, now suddenly has POA pertaining to her medical decisions.

Are you sure that's what he has, as opposed to some other authority, such as a conservatorship? (A "conservatorship" is colloquily known as a guardianship. In California, it applies to an adult, while guardianship applies to a minor.)

 

[AlmostThere]

Probably the best thing you can do for now is make nice with your fiancée's parents.

 

[not2cleverRed]

My fiancée and I have lived together for over 3 years. We do not have a signed Domestic Partnership. 2 months ago she unexpectedly slipped into a coma.

Her father, who she had a very strained relationship with, now suddenly has POA pertaining to her medical decisions.

You aren't married. In 3 years of living together you did nothing to document your arrangement, whatever you want to call it. That makes you roommates, in the eyes of the law, not family.

It sounds like she didn't have you on her HIPAA authorization forms, probably because there weren't any current valid authorizations on file with her health care providers when she lapsed into a coma. In the absence of this, family trumps roommate.

The $ cheap way to see your partner is to get her Dad to take you off the excluded list. Of course, don't hope for this if you are seen as responsible for putting her into a coma. (Not saying you did, but over the internet I can't tell your character.) If Dad just doesn't approve of your relationship for stupid reasons (e.g. race or sexuality), I could see why you are at an impasse.

If you have access to her health care information, gather any information that you can find about her prior authorizations. In particular, look for items where she put you on her list of people authorized to see her medical info or emergency contact. Bonus is if you can find documents where she explicitly excluded her dad, if any exist. Have a list of this info available when consulting with a lawyer.

 

[Taxing Matters]

Your fiancée is not married and presumably has no adult children. In that situation her parents would be the first in line under state law to make medical decisions for her even without having a durable power of attorney. As others have pointed out, as viewed by the law you are no more than roommates and roommates are not entitled to make decisions for someone who is incapacitated or even have the right to visit an incapacitated person. That leaves you on the outside looking in. It's very unlikely that you'll be able to get a court to order the hospital to allow you access, especially in the face of her father's opposition. Check out the legal resources others have mentioned but don't get your hopes up now. It's quite likely that what you'll hear is that there isn't any legal recourse for you, unless there is some important fact that you've left out of your post. I sympathize with your phlight and wish you the best in achieving your goal.