Legal Question in Family Law in New York
Responsibility
My sister is 15 years old and has not had health insurance most her life. She has had a mole that has grown in significance in the last 2 years.Her father refuses to keep a job or apply for child health plus a health insurance plan in our state. Her mother died last year.And was not in her life before her death. If I take her to the doctor to get the mole checked am I financially responsible also is their something I can sign her up for in this state without his consent.I would be willing to pay.This a very hostile issue and if I alienate her father he will not let me see her anymore which could do her more harm.
1 Answer from Attorneys
Re: Responsibility
You may not "sign her up" for anything without your sister's father's consent that requires the consent of her parent or guardian. A physician is not even allowed to treat your sister, except in case of emergency, w/o a parent or guardian's consent.
You might want to consult with the school nurse or guidance counselor about your sister's need for medical attention. The school might be able to insist upon the father allowing your sister's health care coverage under a "public plan" that leaves you out of equation.
If all else fails, you might consider whether you want to petition for "GUARDIANSHIP OF YOUR SISTER, due the neglect of care of your sister by her father. However, if you file such a petition, your entire family is likely to come under the scrutiny of a State welfare agency.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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