Legal Question in Family Law in California
California Parental Permission and Medical Consent
Father & stepmother are gone on a trip out-of-state and have left my & father's 16 yr old son with his older stepbrother for 4 days (this is during Father's 3-wk vacation w/ son). I agreed to this- my son was very excited about it and they will only be about 6 miles away. I called my son (it is occurring now) and during the conversation, I learned that his father/step-mother left a signed letter with them, giving the step-bro's aunt (I have never met her) permission to make medical decisions during their absence & insurance cards, etc for both boys.
How concerned should I be about this practice? I would want my son to get emergency/life saving treatment regardless and it seems like with or without this piece of paper, which is not notarized, the emergency personnel would provide it. If a bigger medical decision had to be made, wouldn't I have to be contacted by the provider/hospital? We have court ordered joint legal. So how ''legal'' is the letter? Obviously I wouldn’t want someone else to make medical decisions for my son, when I am right here or without trying to contact me. Thank you in advance for your help in educating folks like myself in order to make better decisions!
1 Answer from Attorneys
Re: California Parental Permission and Medical Consent
The general rule is that visitation is for the parent and child to spend time together and improve their relationship. If father is planning to be out of town for a vacation or other such trip and plans to leave your son behind, then he should consider rescheduling the visit for a time when he would be present. Unless you are unavailable requests for medical treatment should be approved by her and not some other person. IF the order does not provide that you are notified of any injury or health problem requiring a trip to the doctor, it should.
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