Legal Question in Family Law in Louisiana
"Next of Kin" My father is ill and has not remarried since my mothers death. He has a live-in girlfriend of 8 years and 4 living children. Who would be determined as the next of kin in the case of medical decisions. My older brother says it is him because he is the oldest. He also lied to the doctors and told them he lives with my father and cares for him. I have been told all children are equally the next of kin however in the case that one child lives with and cares for the parent, they would be the next of kin. Any help would be greatly appreciated.
1 Answer from Attorneys
All of the children share that responsibility equally. It doesn't matter what their living arrangements are.
The girlfriend has no say. Louisiana is not a common law state, so there is no such thing as a "common law marriage", as in other states. She has no rights at all vis-a-vis your father and she has no legal interest in his property.
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