Legal Question in Family Law in California
Our Situation:
* Our son is 25yo, living with girlfriend for approx 1 yr and they have 10 mo baby (they are not married).
* Our son went on medical leave from his work in Feb 2012 (still considered an employee) and then on State Disability and receiving disability payments from the State of CA.
* Our son went in for heart surgery on July 5th and has been in intensive care unit ever since.
* Our son is very very sick and doctors have him in medical coma so he can heal.
In other words, our son is incapable at this time to speak or communicate and cannot make decisions on his own behalf.
* Problem: our son didn't plan his personal finances in advance and didn't give us or the girlfriend a power of attorney.
* We the parents are very concerned about our son's bills because the girlfriend is not very trustworthy and is not cooperating with us on solving the problems (she was going to leave our son before he went to surgery).
* The main concern is paying for our son's health insurance premiums (to his employer who we've contacted), his rent, SDGE etc.
* The only income our son has right now is the CA State Disability via their "Debit Card."
* We don't have access to the Disability Card, the girlfriend does.
* Per the hospitals policies we the parents have Power Of Attorney at their hospital so we can make medical decisions for our son.
* We've received advice from the Hospital's Social Worker.
* Primary Doctor has written us a letter to show his employer and creditors if we have to so we can solve problems.
Questions Please:
What can we do to solve the problem of paying our son's bills? (we don't trust the girlfriend and our son's health insurance MUST BE PAID MONTHLY!)
We're not in a strong financial situation ourselves and our son's bills need to be paid ASAP, especially the health insurance payments to his employer so there is no problem with the hospital.
Do we need to contact the CA State Disability via the number on the back of our son's "payment card" and share the same facts with them or will that cause problems for everyone?
What's our next steps so our son is protected and we do everything legally and ethically?
How do we help our son's girlfriend and their baby at the same time since they live with our son? (we don't want to be cruel but, at the same time we don't trust her!)
We're really stressed right now and we need some guidance please.
Thanks
Parents of heart patient
1 Answer from Attorneys
You need to obtain an emergency conservatorship over your son, both person and estate. That will permit you and give you authority to take all actions necessary on his behalf. You will, not exactly but in essence, legally be him.
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