Legal Question in Elder Law in California

Can a power of attorney who is the patients mother not allow the father to be told of his sons medical status in the hospital? Especially if the patient is over 18 years of age and not found to be incompetent? Please help! The hospital wont let my husband get any info if his son's in liver and kidney failure or what his diagnosis is. They are in California and we live in Florida can his exwife , the power of attorney, really not allow his 18 1/2 year old son not speak to his father from in the hospital or get the info from a nurse?


Asked on 5/17/14, 8:32 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

My advice is to call Adult Protective Services. They can visit the son at the hospital and determine whether or not he wants to speak to his father or is even able to do so. If he does not want to speak to his father, then it's perfectly legal for the son, or the son's agent (the mother) to instruct hospital staff to not put through any telephone calls from the father.

As far as answering medical questions goes, since the son is an adult, only he, or an agent under an Advance Health Care Directive or a court appointed Conservator, may be provided with confidential medical information. If the hospital were to disclose confidential medical information without the permission of the son, or the health care agent, that would be a violation of the Health Insurance Portability and Accountability Act (HIPAA) for which the hospital could be subject to a fine.

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Answered on 5/19/14, 8:44 am


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