I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... Read more »
answered on Mar 29, 2023
My condolences to you for the father you will soon lose.
The legal document stating who has the right to control the burial plans will be the Advance Health Care Directive (AHCD), which you do not mention.
If there is no AHCD, and there is no spouse, then a majority of all... Read more »
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... Read more »
answered on Mar 29, 2023
I'm sorry to hear about your father's situation. As the designated durable power of attorney, you have the legal authority to make decisions on your father's behalf, including decisions about his end-of-life care and funeral arrangements, as long as he is unable to make those... Read more »
The room has dead mice and rats and the shelter was notified and so they put rat traps and now its been over a week and the dead rats are still sitting in the room in the traps and there is dead rats and mice in the box spring mattress the odor is so bad and its been getting the person who lives in... Read more »
answered on Mar 29, 2023
If a person is living in a Fresno homeless shelter that is unsanitary and hazardous to their health, they may have legal options for holding the shelter accountable.
Under California law, landlords and shelter operators have a legal duty to maintain safe and habitable living conditions for... Read more »
My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... Read more »
answered on Mar 26, 2023
My condolences for the loss of your father.
California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be... Read more »
My sister, who was 17 at the time, went to the store with my mother and while at the store my sister suffered a panic attack. Down the street from the store, there was an ambulance station. My mother took my sister to the ambulance station and asked if they could quickly check my sisters heart... Read more »
answered on Mar 24, 2023
Under California law, medical providers may not charge for services that were not authorized or requested by the patient or their legal guardian. If your sister did not give any information or consent for the ambulance station to perform services, and they did not inform her that there would be a... Read more »
I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.
answered on Mar 22, 2023
It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.
Under the Americans... Read more »
answered on Mar 6, 2023
Under California law, healthcare providers must provide reasonable and necessary medical care to their patients, and the charges for such care must be reasonable and customary. If you were charged $600 for an ENT video consultation that did not result in a diagnosis or treatment, you may have... Read more »
answered on Mar 5, 2023
In California, it is generally not illegal to give health advice, as long as you do not engage in the practice of medicine without a license.
The practice of medicine is defined in California Business and Professions Code section 2052 as the diagnosis or treatment of any physical or mental... Read more »
Like bad rashes that itch real bad on my arms and legs I stay sick and getting ate up by bed bugs or some unknown bug and there is mice in the walls and in my room and when we get breakfast and lunch its in a huge container outside and not far from some dog poop on the ground and etc.. And if I... Read more »
answered on Feb 25, 2023
If a homeless shelter is causing you harm to your health, you may have legal options. However, whether you have a viable lawsuit will depend on the specific facts and circumstances of your situation.
If you are experiencing harm to your health due to living conditions at the homeless... Read more »
answered on Feb 20, 2023
I'm sorry to hear that you had that experience. It is common for hospitals to shave the faces of patients who are on ventilators, as it can make it easier to care for the patient and prevent infections. However, hospitals should also consider the patient's wishes and cultural and... Read more »
answered on Feb 20, 2023
Yes, California Special District hospitals are required to maintain a complaint log. According to California Health and Safety Code Section 32130.2, every special district hospital must establish and maintain a complaint resolution process that includes procedures for receiving, investigating, and... Read more »
answered on Feb 20, 2023
In California, it is legal for patients to make audio and/or video recordings of their medical procedures, including childbirth, as long as it does not interfere with medical care or violate the privacy rights of other patients and healthcare providers. However, the hospital or healthcare facility... Read more »
He was involuntarily admitted and believes his rights are being violated. He has asked me to find assistance outside of their appointed advocate. Is this something you can help with or guide me to a group/individual who can?
answered on Feb 20, 2023
In California, the laws governing involuntary psychiatric hospitalization and patients' rights are found in the Welfare and Institutions Code, specifically sections 5000 to 5550. These laws outline the process for involuntary admission, the conditions under which a patient may be detained, and... Read more »
answered on Feb 20, 2023
No, it is not "medically diagnosing" a child if you say he or she seems sad or anxious. Identifying a child's emotional state or behavior is not the same as making a medical diagnosis. However, if a healthcare professional believes that a child's symptoms or behavior may be... Read more »
I have done it in the past but now have new insurance provider that is saying they can't because of California laws. They quote Cal Health and Safety Code 11164.1. I am in California to provide Care giving for my parents I have had this same medication sent to this address many times by the... Read more »
answered on Feb 20, 2023
According to California law, hydrocodone is a Schedule II controlled substance and can be prescribed by a licensed medical professional for a legitimate medical purpose. However, there are certain regulations and requirements that must be followed when prescribing, dispensing, and filling a... Read more »
LAUSD recently notified by daughters school that students could no longer take time during school hours for private therapy sessions. The school then notified us, our appointment that friday for a 45min therapy sessions would need to be rescheduled since they would no longer provide my child with... Read more »
answered on Feb 20, 2023
If your daughter requires private therapy sessions during school hours for a mental health condition, and the school is now preventing her from having access to a private space for these sessions, there may be legal protections that apply to her situation.
Under the Americans with... Read more »
I confirmed with sharp that he received both MMR immunization shots from SHARP but they only reported one of the shots to the CA IMMUNIZATION REGISTRY. Kaiser pulled the CAIR registry and recommended a second MMR shot which he received but it was actually his third shot and was not needed. Because... Read more »
answered on Feb 13, 2023
If your son received an extra shot he did not need, was he harmed or injured? What you suggest in your question is that "this could cause medical complication for him in the future." What evidence do you have to suggest he "could" have problems in the future? Future injuries are... Read more »
My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... Read more »
answered on Feb 13, 2023
The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... Read more »
My friend misdiagnosed me and I was stuck in the hospital for a mental disease. I was never his official patient. Does this count as malpractice?
answered on Feb 20, 2023
Malpractice is a type of professional negligence in which a healthcare provider fails to provide the appropriate standard of care to a patient, resulting in harm or injury to the patient. In order for malpractice to occur, there must be a doctor-patient relationship established, meaning that the... Read more »
Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?
The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.
Is this legally allowed?
answered on Feb 2, 2023
A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
