My son did not have a guardian. I was told that as the parent if someone become his guardian I would be contacted, he had a deferral hearing yesterday I did not attend because I feared for my safety but I wasn't notified. Whenever my son goes in the hospital they usually contact me but they don't allow me to make anyone decisions because I'm not his guardian I'm not in a position to be his guardian. They allow my mother to make decisions without anyone notifying me. She may have informed the court no one knows my whereabouts which isn't true if I later find out I wasn't notified because she purposely lied to the court what's my next step and can the hospital be sued for allowing her to makeup medical decisions for him? If he isn't well enough to make medical decisions if he signed an advance directive is it binding? He does what he's told.
I'm sorry for your situation. If your son is over 18, there is no obligation to notify you regarding medical decisions unless you obtain court authority in the form of a guardianship or if your son gives you authority under a medical directive. If you believe that he does not have the capacity to name your mother in an advance directive, you should bring a guardianship proceeding in the probate court in the county in which your son resides. Good luck
I would go one step further than Attorney Fanning and say that if your son is over 18 under HIPAA it would be inappropriate for the hospital discuss his health care decisions with you while your own mother may have been designated as his surrogate decision maker. If you think he lacks capacity to make decisions and you are willing to do it for him you need to be appointed as his guardian. Why are you afraid for your safety?
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