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I have a friend who is in dispute with her step-mother over the health-care treatment of her elderly father.?
She has been banned from visiting or contacting him by the nursing facility where he is residing. What legal recourse does she have?
What kind of lawyer can she contact to mediate the situation?
Family lawyers seem to only deal with divorce and child custody. Conservatorships deal with disabled people who cannot make decisions for themselves.
I have been unable to find the right lawyer type. Can someone point me in the right direction. This pertains to US law, specifically the State of California, so a response from someone who is not familiar with US law would not be useful.
PS. She is an adult child of the gentleman in question.
2 Answers
- Artemis AgroteraLv 71 decade agoFavourite answer
You would look for an attorney who specializes in wills and trusts/elder law.
A lawyer will not have the power to mediate the situation. If the father is not mentally able to make decisions for himself and doesn't have the ability/capacity to authorize his daughter to visit with him, his next-of-kin has the right to do so. In this type of situation, the stepmother is the gate keeper of her husband. If she wants the daughter banned, it is unlikely your friend will be able to get access to her father UNLESS she can prove that the stepmother is making outrageous and/or dangerous decisions on behalf of her husband.
- divot IILv 71 decade ago
Elder law. Sounds like the step-mother may have a POA, MED-POA, or the conservatorship you mention.
