What are our rights at the hospital?

[iditarod656]

Nevada. My significant other is in the hospital. They have decided that medical staff can only consult with his sister. There was never any formal appointment of her as the next of kin, as I understand it. She claims that all she did was present herself as his sister, to ask for medical information. I am the one who goes to see him every day, and I have been silenced. He's been through several hospitals, and this is the first one to take such a draconian approach. They've now decided that he is lucid enough to sign the forms for his upcoming operation. So if he is lucid enough for that, why isn't he lucid enough to choose who his "next of kin" is? I am told that I can get a POA in the hospital, but the doctor has to interview him first.

 

[cbg]

If she is claiming that all she did was identify herself as his sister and they gave her medical information, one of three things is the case:

1.) She is lying
2.) The hospital is in outrageous violation of the law
3.) Your SO had previously authorized her to receive his medical information.

HIPAA privacy laws prohibit the hospital from giving medical information to anyone whom the patient has not authorized, in writing, to receive it.

 

[Ohiogal]

Nevada. My significant other is in the hospital. They have decided that medical staff can only consult with his sister. There was never any formal appointment of her as the next of kin, as I understand it. She claims that all she did was present herself as his sister, to ask for medical information. I am the one who goes to see him every day, and I have been silenced. He's been through several hospitals, and this is the first one to take such a draconian approach. They've now decided that he is lucid enough to sign the forms for his upcoming operation. So if he is lucid enough for that, why isn't he lucid enough to choose who his "next of kin" is? I am told that I can get a POA in the hospital, but the doctor has to interview him first.

Are you married to your significant other? Does he have any children? If he was not lucid, who was to make medical decisions for him?

 

[quincy]

Nevada. My significant other is in the hospital. They have decided that medical staff can only consult with his sister. There was never any formal appointment of her as the next of kin, as I understand it. She claims that all she did was present herself as his sister, to ask for medical information. I am the one who goes to see him every day, and I have been silenced. He's been through several hospitals, and this is the first one to take such a draconian approach. They've now decided that he is lucid enough to sign the forms for his upcoming operation. So if he is lucid enough for that, why isn't he lucid enough to choose who his "next of kin" is? I am told that I can get a POA in the hospital, but the doctor has to interview him first.

What is the problem with you getting a POA after the doctor interviews your significant other? It seems to me that your significant other should be part of the conversation if he is “lucid enough” to make decisions about his care.

 

[adjusterjack]

why isn't he lucid enough to choose who his "next of kin" is?

He may have already done so when he was admitted. If he was lucid enough to sign admission forms he may have given his sister's name as next of kin.

Of course, if he's lucid now, and you visit and are present when a doctor or nurse comes in he should be able to allow a medical discussion in your presence.

 

[Zigner]

Nevada. My significant other is in the hospital. They have decided that medical staff can only consult with his sister. There was never any formal appointment of her as the next of kin, as I understand it.

Legally, absent some documentation, his sister is closer to his "next of kin" than you are.

 

[Eekamouse]

Nevada. My significant other is in the hospital. They have decided that medical staff can only consult with his sister. There was never any formal appointment of her as the next of kin, as I understand it. She claims that all she did was present herself as his sister, to ask for medical information. I am the one who goes to see him every day, and I have been silenced. He's been through several hospitals, and this is the first one to take such a draconian approach. They've now decided that he is lucid enough to sign the forms for his upcoming operation. So if he is lucid enough for that, why isn't he lucid enough to choose who his "next of kin" is? I am told that I can get a POA in the hospital, but the doctor has to interview him first.

If you aren't married to him, what makes you think you have the right to make decisions on his behalf?

 

[zddoodah]

My significant other is in the hospital.

I assume you're talking about someone who is not your spouse.

They have decided that medical staff can only consult with his sister.

Who are "they"?

There was never any formal appointment of her as the next of kin, as I understand it.

Not really sure what you mean by this. "Next of kin" is a colloquialism that doesn't really have any legal meaning, so there is no such thing as a "formal appointment of [someone] as the next of kin." Colloquially, "next of kin" typically means one's closest living relative. If your boyfriend has no spouse, issue (i.e., children and other descendants), or living parents, then his siblings would be his "next of kin."

if he is lucid enough for that, why isn't he lucid enough to choose who his "next of kin" is?

As noted above, one does not "appoint" or "choose" one's "next of kin." If he's lucid enough to sign medical authorizations, then he could execute a power of attorney that appoints you as his agent/attorney-in-fact. Since you see him every day, you're free to discuss this with him.

I am told that I can get a POA in the hospital, but the doctor has to interview him first.

OK...and?

 

[Taxing Matters]

They've now decided that he is lucid enough to sign the forms for his upcoming operation. So if he is lucid enough for that, why isn't he lucid enough to choose who his "next of kin" is? I am told that I can get a POA in the hospital, but the doctor has to interview him first.

If you are not married to him then legally you have no more rights to his medical information or to make medical decisions for him than a stranger does. Being a "significant other" may feel like an important role in his life to both of you, but it gives you no particular rights all with respect to his affairs. That's what marriage does.

There are two things that would give you a greater role here. If the goal is to allow you to get updates from the hospital on how he's doing, he can sign an authorization allowing hospital staff to disclose that information to you. The hospital will have forms for that. If the goal is to give you authorit to make medical decisions on his behalf, then he can execute a medical power of attorney to designate you as the person to make those decisions when he's not able to decide for himself. In both cases he'll need to be competent enough to know what he's signing for the documents to be valid. And that's why they want a doctor to interview him — to determine that he's sufficiently aware of what's going on that his signature on these documents would be effective.