Legal Question in Health Care Law in California

My father is in a board and care facility; my grandmother called on January 8, 2013 to check on him. My father's caregiver has not gotten back to her. Is it legal for her to keep any information about my father from my family and I? She called emergency services, but never notified us, if my mother hadn't called that day we never would have known. The caregiver, initals "E. R.", told my mother "He's a big boy and has his rights." We soon found out that it was because of her comment about him having his rights that he didn't go with emergency services. Can a caregiver keep this type of information about my father away from us? We are still waiting for a return call...


Asked on 1/14/13, 8:19 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

Your father, despite his health status and possible mental status (you did not say why he was in the Board and Care facility) does have medical privacy rights including the right to refuse medical treatment. My recommendation is that some one from the family make a point of visiting your father at the facility on a regular, at least a weekly basis.

If you are concerned about your fathers on-going welfare you should consider seeking a conservatorship over your father. This would allow someone else, i.e. a family member to make medical decisions on your father's behalf. This is a challenging process and can be expensive however if your father is unable to consistently make good medical decisions for himself, it may be necessary to step in and have someone make decision for him.

You will need to consult a probate or family law attorney about this matter.

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Answered on 1/15/13, 8:41 am


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