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What legal rights does a husband have in Westchester County, NY to make care decisions for a spouse in psychiatric facility?

Katonah, NY |

My married daughter is bipolar and was admitted on an involuntary basis to a psychiatric facility in Westchester County, NY after experiencing a severe psychotic breakdown. Her condition has worsened in the 9 days since she was admitted and the max she can be held at the facility is 2 weeks. At that point, they will just release her.

What legal rights can her husband exercise to make care decisions on her behalf to get her transferred now or at the time of her forced release to a long term care facility?

Thank you.

Attorney Answers 1


If he has her medical power of attorney, he can make decisions. NY law probably gives him certain rights, also. He should consult an attorney and let him or her review any POAs of estate planning documents that his wife has signed. He may have to file for guardianship if he does not have statutory rights and rights granted by his spouse.

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