How is a RIGHT like the one below enforced? TIME CAN BE/IS LIFE IN THESE SITUATIONS. A RIGHT = affirmative enforcement?

Asked over 1 year ago - Vallejo, CA

4701. The statutory advance health care directive form is as
follows:
ADVANCE HEALTH CARE DIRECTIVE
(California Probate Code Section 4701)
Explanation
You have the right to give instructions about your own health
care. You also have the right to name someone else to make health
care decisions for you.
HOW IS THIS RIGHT ENFORCED?
Say your domestic partner brought you to the ER.
You selected and declared them to be your surrogate decision maker when the lady pushing the computer came around took your information
You become incapacitated,
Your surrogate decision maker is right there but:
The hospital ignores them, takes action contrary to your wishes.
Refuses to inform them about you.
Lies to them about you.

Attorney answers (6)

  1. Sean Michael Patrick

    Contributor Level 16

    10

    Lawyers agree

    Answered . I am not really sure what your question is. Generally an advanced directive (as you set forth above) is directions to a health care provider to allow someone else to make medical decisions for you when you are unable to do so. In this case, you would be incapacitated, and therefore would not be able to enforce anything. The surrogate decision maker could ask the court for an injunction; however, if the hospital has already acted, you would have to consider how the action would be undone... Would it be worth the effort to get a restraining order?

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  2. Robert Pecco Baker

    Contributor Level 13

    8

    Lawyers agree

    1

    Answered . You are asking the question- does this make it purely hypothetical or is this an actual case as to which you need advice. If so, the facts are inadequately set forth

  3. Jennifer Ann McAllister

    Contributor Level 5

    8

    Lawyers agree

    1

    Answered . If you and your domestic partner are a same-sex couple, you may want to contact the legal helpline at the National Center for Lesbian Rights in San Francisco. (They represent both male and female same-sex couples, as well as couples in which one or both partners is transgender or genderqueer.) NCLR's Relationship Recognition Project addresses the issues faced by couples whose family relationship is not recognized by hospitals, schools, employers, or other institutions. As with Avvo, they cannot give you legal advice, but they can give you information about the law that may help you decide how to proceed.

    NCLR's Legal Information Helpline information: http://www.nclrights.org/site/PageServer?pagena...

    More information on the Relationship Recognition Project: http://www.nclrights.org/site/PageServer?pagena...

    Best of luck to you.

    I am licensed to practice in California, and all answers presume California law unless I expressly state otherwise.... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Schedule a meeting with the doctors to discuss.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. John Paul Thygerson

    Pro

    Contributor Level 17

    8

    Lawyers agree

    1

    Answered . I'm not sure I understand the question. Do you have a living will? A power of attorney?

  6. Marc Edward Stewart

    Contributor Level 16

    8

    Lawyers agree

    1

    Answered . It sounds like you and your family need to request a meeting with your treating physicians so that everyone is on the same page.

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