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

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.

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Attorney answers 6

Posted

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

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Yes, further information is required.

Posted

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

Asker

Posted

Sadly, My domestic partner of 12 years has been forcibly straped to a gurney with no choice but to urinate on herself and then soak in it for more than three weeks. She has LARGE HOLES in her skin on her butt, leggs, and other, more sensitive areas. SUTTER SOLANO HOSPITAL SAYS THIS IS BECAUSE THEY CARE SO MUCH ABOUT HER. "They" who you find it sounds like I should request a meeting with, have decided with NO INFORMED CONSENT FROM ME, in fact "they's" REFUSAL TO INFORM ME, to "medicate" my partner and companion to the point she cannot open her eyes or talk! I don't think she would be able to attend any meetings, seeing as how she hasn't been able to - not able - SHE HAS NOT BEEN ALLOWED TO EVEN WIPE HERSELF AFTER THESE SICK, EVIL, beings AT SUTTER SOLANO HAVE DECIDED TO GIVE HER A CHEMICAL LOBOTOMY! OVER AND OVER I READ "YOU HAVE THE RIGHT" WELL, IF YOU CAN'T ENFORCE A RIGHT YOU HAVE NOTHING! THE LOVE OF MY LIFE IS ALMOST DEAD, AND I'VE BEEN FORCED TO WATCH THE LOVE OF MY LIFE WITHER AND DIE AS SHE LAY'S IN HER OWN URINE FOR NO REASON OTHER THAN I DON'T EVEN KNOW - OTHER THAN SHE HAS NO RIGHTS BECAUSE SHE, NOR I CAN ENFORCE THEM. I apologize for any percieved shortness. I am greatful you replied. thank you. you didn't have near enough to work with from my question. I wrote up a short cronological outline of the events. It's in .doc format. I would pay you to read it and make a quick comment. No strings attached. You will not be advice, establish relationship, you are not responsible, liable, etc.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

I hope you have retained an attorney.

Posted

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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed.

Posted

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

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

I agree, good answer.

Posted

Schedule a meeting with the doctors to discuss.

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Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

I agree, good answer.

Posted

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?pagename=legal_getHelp

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

Best of luck to you.

I am licensed to practice in California, and all answers presume California law unless I expressly state otherwise. This answer is not legal advice, and does not establish an attorney-client relationship or a confidential relationship between myself and the asker.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

I agree, good answer.

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