Legal Question in Family Law in California
My uncle is in critical condition and his ex wife has decided to show up and try to make decisions in the hospital. A social worker stated to us that in the state of California she has the right to do that. They have no ties and have gone their separate ways. Does she have that right when his parents are both there to make decisions?
2 Answers from Attorneys
The social worker is wrong under the facts you describe, provided she is truely his ex wife, meaning a proper final divorce judgment has been entered.
I agree with Mr. McCormick. Ifs she has some type of authority to make medical decisions, and they are truly divorced, then the fact that they were once married cannot be the reason. I would think a social worker would know that, but maybe not. You may want to ask what the basis for that is. He may have signed a document or told the doctor to allow her to make the decisions.
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