Legal Question in Family Law in Louisiana
My father had a severe stroke about a month ago and it was determined he was unable to make his own decisions. My two brothers decided to make me the primary decision maker. Yesterday he was moved to a nursing facility and I was told that his girlfriend was using his last name and signing documents when they are not legally married. Even though she cannot provide a marriage license or certificate they are making her the primary decision maker. The hospital said since I can not prove that they are not married and she has not proved that they are she will be the decision maker. What should I do?
2 Answers from Attorneys
The hospital is violating the law, including HIPAA, by giving medical information to this woman who is not a family member. It is not for you to prove that she is NOT his wife, it is for her to prove that she is.
I again agree with Lambert. You and your siblings need to understand that your making you the "primary decision maker" means NOTHING without a court order! Petition the court to interdict your father. Anyone who lets you make legal decisions for your dad may be in trouble without a court order....AND you may get in trouble. Go see Mr. Lambert and he can interdict your father and you can them make all decisions, AND sue the girlfriend and anyone else who cooperated with the girlfriend.
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