Legal Question in Intellectual Property in Ohio

hello,

I am stuck in a situation when I just don't know where to turn. The basic rundown is that my girlfriend was involved in a major car accident and has been in the hospital for a month now. She is awake and can communicate. The hospital is saying that because of the medications she is on, she can not make legal decisions. Her mother is trying to have me banned from seeing her while she is in the hospital. The twist comes in where she lost custodial rights of my girlfriend when she was 17. All i'm trying to do is continue to see her and support her. Is there any way I can retrieve a copy of the custody records to show the hospital she does not have rights to make these decisions? Can you point me in the right direction?


Asked on 10/05/11, 8:45 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

I am not barred in Ohio, therefore I can only speak in general terms. The issue turns on whether she has a living will or not. This document will designate who is the Attorney in Fact, the person who will make decisions for an individual when they are incapacitated. In the current case, if she is a minor then her parents would make decisions for her. If there is no parental right for the mother then the father would make the decision. If neither are available then a relative shuch as an aunt or uncle would do it.

The only way that you would have any rights in these matters would be if you were married to her.

Patrick Tracy

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Answered on 10/05/11, 8:52 am


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